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In Towering Judges: A Comparative Study of Constitutional Judges,
Rehan Abeyratne and Iddo Porat lead an exploration of a new topic
in comparative constitutional law: towering judges. The volume
examines the work of nineteen judges from fourteen jurisdictions,
each of whom stood out individually among their fellow judges and
had a unique impact on the trajectory of constitutional law. The
chapters ask: what makes a towering judge; what are the background
conditions that foster or deter the rise of towering judges; are
towering judges, on balance, positive or detrimental for
constitutional systems; how do towering judges differ from one
jurisdiction to another; how do political and historical
developments relate to this phenomenon; and how does all of this
fit within global constitutionalism? The answers to these questions
offer important insight into how these judges were able to shine to
an uncommon degree in a profession where individualism is not
always looked on favourably.
This Handbook showcases the rich varieties of legislatures that
exist in Asia and explains how political power is constituted in
seventeen jurisdictions in East, Southeast and South Asia.
Legislatures in Asia come in all stripes. Liberal democracies
co-exist cheek by jowl with autocracies; semi-democratic and
competitive authoritarian systems abound. While all legislatures
exist to make law and confer legitimacy on the political
leadership, how representative they are of the people they govern
differs dramatically across the continent, such that it is
impossible to identify a common Asian prototype. Divided into
thematic and country-by-country sections, this handbook is a
one-stop reference that surveys the range of political systems
operating in Asia. Each jurisdiction chapter examines the structure
and composition of its legislature, the powers of the legislature,
the legislative process, thereby providing a clear picture of how
each legislature operates both in theory and in practice. The book
also thematically analyses the following political systems
operating in Asia: communist regimes, liberal democracies, dominant
party democracies, turbulent democracies, presidential democracies,
military regimes, and protean authoritarian rule. This handbook is
a vital and comprehensive resource for scholars of constitutional
law and politics in Asia.
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.
In Towering Judges: A Comparative Study of Constitutional Judges,
Rehan Abeyratne and Iddo Porat lead an exploration of a new topic
in comparative constitutional law: towering judges. The volume
examines the work of nineteen judges from fourteen jurisdictions,
each of whom stood out individually among their fellow judges and
had a unique impact on the trajectory of constitutional law. The
chapters ask: what makes a towering judge; what are the background
conditions that foster or deter the rise of towering judges; are
towering judges, on balance, positive or detrimental for
constitutional systems; how do towering judges differ from one
jurisdiction to another; how do political and historical
developments relate to this phenomenon; and how does all of this
fit within global constitutionalism? The answers to these questions
offer important insight into how these judges were able to shine to
an uncommon degree in a profession where individualism is not
always looked on favourably.
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