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This book explains how the idea and practice of UCA are shaped by, and inform, constitutional politics through various social and political actors, and in both formal and informal amendment processes, across Asia. This is the first book-length study of the law and politics of unconstitutional constitutional amendments in Asia. Comprising ten case studies from across the continent, and four broader, theoretical chapters, the volume provides an interdisciplinary, comparative perspective on the rising phenomenon of unconstitutional constitutional amendments (UCA) across a range of political, legal, and institutional contexts. The volume breaks new ground by venturing beyond the courts to consider UCA not only as a judicial doctrine, but also as a significant feature of political and intellectual discourse. The book will be a valuable reference for law and political science researchers, as well as for policymakers and NGOs working in related fields. Offering broad coverage of jurisdictions in East Asia, Southeast Asia and South Asia, it will be useful to scholars and practitioners within Asia as well as to those seeking to better understand the law and politics of the region.
This book explores the influence of religious lawfare through the use of conscience-based claims—assertions rooted in individual or group religious or moral convictions—on shaping public policy and law, and their repercussions for democracy and human rights. It unveils a framework that not only defines but also systematizes uses of conscience-based claims, challenging prevalent notions about the motivations and actors behind religious lawfare. By contextualizing this expansion historically, it identifies new uses of these claims as undemocratic and explores global efforts to regulate them through international human rights and comparative law. Ultimately, the book offers a normative guide for handling conscience-based claims in liberal democracies.
Comparative Constitutional Law and Politics: Analysis, Cases, & Materials is the first interdisciplinary casebook for the field, offering students an innovative and truly global approach to comparative constitutional law. It integrates state-of-the-art literature and caselaw from constitutional law with insights from social science. Each chapter is organized around a key concept, beginning with a bird's-eye view of the topic which introduces the current state of scholarly and legislative debates and encourages thoughtful engagement.
Constitutional Statecraft in Asian Courts explores how courts engage in constitutional state-building in aspiring, yet deeply fragile, democracies in Asia. Yvonne Tew offers an in-depth look at contemporary Malaysia and Singapore, explaining how courts protect and construct constitutionalism even as they confront dominant political parties and negotiate democratic transitions. This richly illustrative account offers at once an engaging analysis of Southeast Asia's constitutional context, as well as a broader narrative that should resonate in many countries across Asia that are also grappling with similar challenges of colonial legacies, histories of authoritarian rule, and societies polarized by race, religion, and identity. The book explores the judicial strategies used for statecraft in Asian courts, including an analysis of the specific mechanisms that courts can use to entrench constitutional basic structures and to protect rights in a manner that is purposive and proportionate. Tew's account shows how courts in Asia's emerging democracies can chart a path forward to help safeguard a nation's constitutional core and to build an enduring constitutional framework.
This book is the result of and a back lash from my first efforts in doing a family genealogy, 'Adcock kinfolks -- families and ancestors' (a great deal of it being used in this book). It is a collection of the direct blood line of my granddaughter, Jennifer Adcock Whitney.
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