Asian Comparative Constitutional Law, Volume 4
Constitutional Rights
Asian Comparative Constitutional Law, Volume 4
Constitutional Rights
Description
This is the last volume of the four-volume series Asian Comparative Constitutional Law which aims to provide an authoritative account of four major issues in comparative constitutional law across Asian jurisdictions. The present volume focuses on constitutional rights – or basic rights enshrined in constitutions in nineteen Asian jurisdictions.
The volume explores four sets of questions:
The first set of questions concerns how constitutional rights originated in Asia and spread across the continent. Where do constitutional rights come from? How do constitutional rights reflect global human rights norms? And how do constitutional rights reflect local values and conditions?
The second set of questions focuses on the formal legal architecture of rights. How fundamental rights are provided for in Asian constitutions and what are the legal features of these rights?
The third set of questions pertains to the functions of constitutional rights in Asian constitutions. What roles these rights play in society and how are they used to address socioeconomic issues such as inequality?
Finally, the volume asks questions about legal doctrine. How are constitutional rights interpreted? Who interprets them? And what are the doctrines (e.g. proportionality) used to interpret constitutional rights?
Nineteen Asian jurisdictions are covered in this volume; these range from those in East Asia (Japan, South Korea, North Korea, Mongolia, the People's Republic of China, Taiwan, and Hong Kong), Southeast Asia (Malaysia, Singapore, Myanmar, the Philippines, Indonesia, Thailand, and Laos), and South Asia (India, Pakistan, the Maldives, Bangladesh, and Sri Lanka).
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Table of Contents
Part I: East Asia
1. Critical Assessment of Constitutional Rights in Japan: A Circulatory System to Accommodate Convergence and Divergence, Akiko Ejima (Meiji University, Japan)
2. The Framework and Practice of Constitutional Rights in South Korea, Jeong-In Yun (Korea University)
3. The System and Characteristics of Fundamental Rights under North Korea's Socialist Constitution, Jeong Won Park (Kookmin University, South Korea)
4. Constitutional Rights in Mongolia, Gunbileg Boldbaatar (National University of Mongolia)
5. Constitutional Rights in The People's Republic Of China, Ryan Martínez Mitchell (The Chinese University of Hong Kong)
6. Convergence and Divergence: Constitutional Rights in Taiwan, Chien-Chih Lin (National Taiwan University)
7. Hong Kong's Protection of Constitutionally Guaranteed Fundamental Rights: Implementing Choices of the Two Sovereigns Instead …, Pui-Yin Lo (The University of Hong Kong)
Part II: Southeast Asia
8. The Bill of Rights and Constitutional Development in Malaysia, Andrew Harding (University of Reading Malaysia)
9. Fundamental Liberties in Singapore: Protecting Rights and Promoting Responsibility in a Communitarian Constitutional Order, Eugene K B Tan (Singapore Management University)
10. Constitutional Rights in Myanmar: False Liberalism and a Dissonance over Rights, Jonathan Liljeblad (Australian National University)
11. Constitutional Rights in the Philippines: Forces of Transnational Convergence, Bryan Dennis G. Tiojanco (University of Tokyo)
12. Indonesia's Communal-Religious Human Rights: A Syncretic Constitutional Tradition, Ignatius Yordan Nugraha (Hertie School, Germany) and Abdurrachman Satrio (Universitas Trisakti, Indonesia)
13. The Constitutional Rights in the Royalist Framework: Lessons from Thailand's Binary-Star Scenario, Rawin Leelapatana (Thammasat University, Thailand)
14. Constitutional Rights in The Lao People's Democratic Republic, Kazuo (Kaz) Fukuda (Kansai Gaidai University, Japan)
Part III: South Asia
15. Constitutional Rights in India: From Interpretation to Enforcement, Raeesa Vakil (National University of Singapore)
16. Restraining Fundamental Rights: Pakistan's Journey, Sadaf Aziz and Marva Khan Cheema (Lahore University of Management Sciences, Pakistan)
17. Design and Function of Constitutional Rights in Bangladesh, Jashim Ali Chowdhury (University of Hull, UK)
18. Making Rights Work in Sri Lanka: From Judicial Restraint to Robustness, Mario Gomez (International Centre for Ethnic Studies, Sri Lanka)
19. Fundamental Rights and Freedoms in the Maldivian Constitution, Shamsul Falaah (Independent Researcher)
Part IV: Comparison and Conclusion
20. Comparative Constitutional Rights in Asia: Convergence and Divergence, Ngoc Son Bui (University of Oxford, UK)
21. The Functions of Constitutional Rights in Asia: A Comparative Analysis, Rehan Abeyratne (Western Sydney University, Australia)
Product details
| Published | 24 Dec 2026 |
|---|---|
| Format | Ebook (Epub & Mobi) |
| Edition | 1st |
| Pages | 576 |
| ISBN | 9781509949823 |
| Imprint | Hart Publishing |
| Publisher | Bloomsbury Publishing |
