1. Introduction; 2. Reasons for convergence; 3. Convergence on structured proportionality; 4. Convergence on innovative constitutional remedies; 5. Limits on convergence; 6. Conclusion; Bibliography; Index.
Explains why the constitutional jurisprudence of Hong Kong, Taiwan, and South Korea is converging, and provides analysis of relevant case law.
Po Jen Yap is a Professor of Law at The University of Hong Kong. He is an Advocate and Solicitor of the Supreme Court of Singapore and an Attorney at Law in the State of New York, USA. He is the author of Constitutional Dialogue in Common Law Asia (2015) and Courts and Democracies in Asia (2017). Chien-Chih Lin is an Associate Research Professor at Institutum Iurisprudentiae, Academia Sinica (Taiwan). He has published in multiple law journals and edited volumes, including The Oxford Handbook of Constitutional Law in Asia, American Journal of Comparative Law, and International Journal of Constitutional Law. He is the book review editor of the International Journal of Constitutional Law.
'This book opens a new page for comparative constitutional study in
Asia by providing an innovative political account for
constitutional convergence as developed in Hong Kong, South Korea
and Taiwan. It is a must-read for those who seek to understand
institutional constraints of constitutional doctrines such as
proportionality and constitutional remedies.' Wen-Chen Chang, Dean
of the National Chiao Tung University, School of Law; Professor of
National Taiwan University, College of Law
'In this important new work by two of Asia's leading scholars, Yap
and Lin suggest that there are in fact significant similarities
between the constitutional practice in Taiwan, South Korea and Hong
Kong in the use of doctrines of structured proportionality and
innovative judicial remedies. And they suggest a fascinating causal
account for this convergence. Rather than engaging in a direct
dialogue with each other, these jurisdictions are influenced by
common ideas from beyond the region - i.e. German and
Anglo-Canadian models as indirect pressures for regional
convergence. The book is therefore a major contribution to our
understanding both of Asian constitutionalism and models of
constitutional borrowing and convergence more generally. It should
be compulsory reading for anyone interested in these topics.'
Rosalind Dixon, Professor of Law, University of New South Wales
'Linking politics and institutions to doctrine in an exemplary work
of constitutional studies, Po Jen Yap and Chien-Chih Lin continue
to make significant contributions to our understanding of
constitutional law in East Asia by describing the ways in which
constitutional courts in three major jurisdictions have accepted
the doctrine of structured proportionality and developed an array
of doctrinal tools to use when invalidating legislation.' Mark
Tushnet, William Nelson Cromwell Professor of Law, Emeritus;
Harvard Law School
 |
Ask a Question About this Product More... |
|
