1st Edition

Public Law in East Asia

Edited By Albert H.Y. Chen, Tom Ginsburg Copyright 2013

    Public Law in East Asia is a collection of the leading English-language articles on constitutional and administrative law in the Asian region, written by many of the leading scholars from this area. The region has its own distinct legal and political traditions, and its systems of government have facilitated dynamic economic growth, but the role of public law has not been well understood. Covering a wide range of jurisdictions in a single volume, this collection provides insights into the ways in which institutions of Western origin have been integrated into Asian political and legal cultures, producing new syntheses.

    Contents: Introduction: Constitutionalism and constitutional change in East and Southeast Asia: a historical and comparative overview, Albert H.Y. Chen; Part I Country Studies: Japan: The anatomy of a conservative court: judicial review in Japan, David S. Law; South Korea: The constitutional court and judicialization of Korean politics, Tom Ginsburg; North Korea: The constitution of North Korea: its changes and implications, Dae-Kyu Yoon; Mongolia: When courts and politics collide: Mongolia's constitutional crisis, Tom Ginsburg and Gombosuren Ganzorig; People's Republic of China: From administrative rule of law to constitutionalism? The changing perspectives of the Chinese public law, Qianfan Zhang; Taiwan: The legal development of Taiwan in the 20th century: toward a liberal and democratic country, Tay-sheng Wang; Hong Kong: Constitutional adjudication in post-1997 Hong Kong, Albert H.Y. Chen; Vietnam: Analytical models for understanding constitutions and constitutional dialogue in socialist transitional states: re-interpreting constitutional dialogue in Vietnam, Mark Sidel; Cambodia: Cambodia: from civil war to a constitution to constitutionalism?, Jörg Menzel; Thailand: Constitutional afterlife: the continuing impact of Thailand's postpolitical constitution, Tom Ginsburg; Philippines: Transplanted constitutionalism: the Philippine debate on the secular state and the rule of law, Raul C. Pangalangan; Indonesia: Indonesian constitutional reform: muddling towards democracy, Tim Lindsey; Brunei: Brunei's revamped constitution: the sultan as the grundnorm?, Tsun Hang Tey; East Timor: Legal pluralism and the rule of law in Timor Leste, Laura Grenfell; Malaysia: The Malaysian constitution after 50 years - retrospective, prospective and comparative perspectives, H.P. Lee; Singapore: 'Pragmatism and realism do not mean abdication': a critical and empirical enquiry into Singapore's engagement with international human rights law, Li-annThio. Part II Comparative Studies: The emergence of East Asian constitutionalism: features in comparison, Jiunn-Rong Yeh and Wen-Chen Chang; The making and remaking of constitutions in Southeast Asia: an overview, Kevin Y.L. Tan; Name index.


    Albert H.Y. Chen is Professor in the Faculty of Law at the University of Hong Kong, China. Tom Ginsburg is Professor in the School of Law at the University of Chicago, USA.