Constitutional Dialogue in Common Law Asia

ISBN : 9780198736370

Po Jen Yap
272 Pages
163 x 241 mm
Pub date
Jul 2015
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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 can be 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.


1: Introduction 2: Defending Dialogue 3: Overview of the Constitutional Systems 4: Judicial Crises 5: Dialogue and Sub-constitutional Doctrines 6: Freedom of Expression 7: Freedom of Religion 8: Right to Equality 9: Right to Due Process 10: Conclusion

About the author: 

Dr Po Jen Yap is an Associate Professor at The University of Hong Kong, Faculty of Law, where he specializes in Constitutional and Administrative law. He graduated from the National University of Singapore with an LLB degree and he obtained LLM qualifications from both Harvard Law School and University College London. He also has a PhD 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).

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