Courts and Democracies in Asia (Hardcover)

Po Jen Yap

ISBN 10: 1107192625 / ISBN 13: 9781107192621

Published by Cambridge University Press, Cambridge, 2017

Hardcover. What is the relationship between the strength of a country's democracy and the ability of its courts to address deficiencies in the electoral process? Drawing a distinction between democracies that can be characterised as 'dominant-party' (for example Singapore, Malaysia, and Hong Kong), 'dynamic' (for example India, South Korea, and Taiwan), and 'fragile' (for example Thailand, Pakistan ,and Bangladesh), this book explores how democracy sustains and is sustained by the exercise of judicial power. In dominant-party systems, courts can only pursue 'dialogic' pathways to constrain the government's authoritarian tendencies. On the other hand, in dynamic democracies, courts can more successfully innovate and make systemic changes to the electoral system. Finally, in fragile democracies, where a country regularly oscillates between martial law and civilian rule, their courts tend to consistently overreach, and this often facilitates or precipitates a hostile take-over by the armed forces, and lead to the demise of the rule of law. This book is for academics, policy-makers, and students of law and political science who are interested in how judicial behaviour is shaped by politics and how courts can impact on and be impacted by the state of democratisation in their countries. Shipping may be from our UK warehouse or from our Australian or US warehouses, depending on stock availability. Seller Inventory # 9781107192621

Synopsis:

What is the relationship between the strength of a country's democracy and the ability of its courts to address deficiencies in the electoral process? Drawing a distinction between democracies that can be characterised as 'dominant-party' (for example Singapore, Malaysia, and Hong Kong), 'dynamic' (for example India, South Korea, and Taiwan), and 'fragile' (for example Thailand, Pakistan ,and Bangladesh), this book explores how democracy sustains and is sustained by the exercise of judicial power. In dominant-party systems, courts can only pursue 'dialogic' pathways to constrain the government's authoritarian tendencies. On the other hand, in dynamic democracies, courts can more successfully innovate and make systemic changes to the electoral system. Finally, in fragile democracies, where a country regularly oscillates between martial law and civilian rule, their courts tend to consistently overreach, and this often facilitates or precipitates a hostile take-over by the armed forces, and lead to the demise of the rule of law.

About the Author: Po Jen Yap is an Associate Professor at The University of Hong Kong (HKU), Faculty of Law, where he specialises in comparative constitutional law. He graduated from the National University of Singapore with an LL.B. degree and he obtained LL.M. qualifications from both Harvard Law School and University College London. He also has a Ph.D. degree from the University of Cambridge. He is an Advocate and Solicitor of the Supreme Court of Singapore and an Attorney at Law in the State of New York (USA). His publications include Constitutional Dialogue in Common Law Asia (2015).

Bibliographic Details

Title: Courts and Democracies in Asia (Hardcover)
Publisher: Cambridge University Press, Cambridge
Publication Date: 2017
Binding: Hardcover
Condition: new