Proportionality in Asia

Cambridge University Press, 8/27/2020
EAN 9781108495752, ISBN10: 1108495753

Hardcover, 300 pages, 22.9 x 15.2 x 1.9 cm
Language: English
Originally published in English

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.

Introduction
1. Proportionality in Asia joining the global choir Po Jen Yap
Part I. Structured Proportionality
2. More structure, more deference proportionality in Hong Kong Rehan Abeyratne
3. Proportionality in Taiwan American-German fusion Chien-Chih Lin
4. Proportionality in South Korea contextualizing the cosmopolitan rights grammar Yoon Jin Shin
Part II. Anemic / Ad Hoc Proportionality
5. Proportionality doctrine in Malaysia
new dawn or 'Merely Obiter'? Benjamin Joshua Ong
6. Judicial review of restrictions on constitutional rights in Japan highly ad hoc, contextualized, and deferential Shigenori Matsui
7. Against the currents the indonesian constitutional court in an age of proportionality Stefanus Hendrianto
8. Manifest disproportionality and the constitutional court of Thailand Narongdech Srukhosit
Part III. Doctrinal Equivalents of Proportionality
9. Reasonableness as proportionality more intrusive scrutiny in civil-political matters than socioeconomic ones? Md. Rizwanul Islam
10. Importing proportionality through legislation a Philippine experiment Bryan Dennis, Gabito Tiojanco, Ronald Ray and Katigbak San Juan
Conclusion
11. Is there a doctrine of proportionality in Asia (or anywhere)? Mark Tushnet.