Edited by Po Jen Yap
Published in August 2020, 300 pp.
Description: This is the first book that focusses on how proportionality analysis – a legal transplant from the West – is applied by courts around Asia, and it explores how a country's commitment to democracy and the rule of law is fundamental to the success of the doctrine's judicial enforcement. This book will appeal to lawyers, political scientists, and students of law and political science who seek to understand how proportionality analysis is blossoming and, in some cases, flourishing in Asia.
'This exciting new collection brings together scholars from across Asia to reflect on the use, and non-use, of doctrines of proportionality in the process of constitutional adjudication in nine Asian jurisdictions. It is insightful and compelling.'Rosalind Dixon - Professor, University of New South Wales Faculty of Law'An authoritative account of the growth and limits of proportionality analysis in Asia. This important volume combines masterful country-studies with insightful introductory and concluding chapter overviews to identify and address key issues about the various modes of constitutional influence, the impact of political context on courts, and the contrast between proportionality and its alternatives.'Stephen Gardbaum - MacArthur Foundation Professor of International Justice and Human Rights, UCLA School of Law'This volume is an invaluable contribution to the global literature on proportionality analysis. Its chapters offer grounded, empirically informed and sometimes skeptical views of the role of proportionality analysis in the jurisprudence of Asian courts.'Hoi Kong - The Rt. Hon. Beverley McLachlin, P.C., UBC Professor in Constitutional Law, The University of British Columbia'Proportionality in Asia is a major contribution to the field of comparative constitutional law. Admirably, contributors address cross-national differences in how Asian judges use proportionality, with what impact on the evolution of their respective legal systems. Required reading for anyone doing comparative research on rights protection, proportionality, or Asian law and politics.'Alec Stone Sweet - Saw Swee Hock Centennial Professor in Law, National University of Singapore