Po Jen Yap
Oxford University Press
July 2015, 272 pp.
About this book: In a comprehensive examination of the constitutional systems of Hong Kong, Malaysia, and Singapore, Po Jen Yap contributes to a field that has traditionally focussed on Western jurisdictions. Drawing on the history and constitutional framework of these Asian law systems, this book examines the political structures and traditions that were inherited from the British colonial government and the major constitutional developments since decolonization.
Yap examines the judicial crises that have occurred in each of the three jurisdictions and explores the development of sub-constitutional doctrines that allows the courts to preserve the right of the legislature to disagree with the courts' decisions using the ordinary political processes.
The book focusses on how these novel judicial techniques have been applied to four core constitutional concerns: freedom of expression, freedom of religion, right to equality, and criminal due process rights. Each chapter examines one core topic and defends a model of dialogic judicial review that offers a compelling alternative to legislative or judicial supremacy. Features:
- Aids understanding of the particular issues facing the constitutional systems of Hong Kong, Malaysia, and Singapore through a comprehensive overview of the judicial techniques involved.
- Provides focused analysis of the leading caselaw in the key areas of freedom of expression, freedom of religion, the right to equality, and criminal due process rights.
- Includes a novel analysis of why the role of dialogic judicial review is important, offering academics, practitioners, and students a new perspective through which to debate the issue through their respective jurisdictions.