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.
Explores how proportionality analysis – a legal transplant from the West – is judicially enforced by courts around Asia.
Po Jen Yap is a Professor of Law 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 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. His sole-authored publications include Constitutional Dialogue in Common Law Asia (2015) and Courts and Democracies in Asia (2017). He was the editor of Judicial Review of Elections in Asia (2016) and Constitutional Remedies in Asia (2019).
'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
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