Judicial Review Of Elections In Asia (routledge Studies In Asian Law)

In The Past Century, Asian Nations Have Experienced A Wave Of Democratisation As Countries In The Region Have Gained Independence Or Transitioned From Authoritarian Military Rule Towards More Participatory Politics. At The Same Time, There Has Been An Expansion Of Judicial Power In Asia, Whereby New Courts Or Empowered Old Ones Emerge As Independent Constraints On Governmental Authority. This Is The First Book To Assess The Judicial Review Of Elections In Asia. It Provides Important Insights Into How Asian Courts Can Strategically Engage With The Political Actors In Their Jurisdictions And Contribute To A Country's Democratic Discourse. Each Chapter In The Book Sheds Light On The Judicial Review Of Elections And The Electoral Process In A Specific Asian Jurisdiction, Including Common Law Asia, Namely Hong Kong, India Malaysia, And Singapore, As Well As Jurisdictions In Civil Law Asia, Namely Indonesia, Japan, The Republic Of Korea, Taiwan, And Thailand. It Fills A Gap In The Literature By Addressing A Central Challenge To Democratic Governance, Namely The Problem Of Partisan Self-dealing In The Electoral Processes. By Exploring The Constantly Evolving Role Of The Courts In Addressing Pivotal Constitutional Questions, This Book Will Be Of Interest To Students And Scholars Of Asian Law, Governance, And Politics--page Iii. Courts And Elections In Asia / Po Jen Yap -- Judicial Review Of Elections In Hong Kong : Resolving A Contradiction / Simon N.m. Young -- Democracy And Elections In India : Reviewing The Role Of The Election Commission And The Courts / Surya Deva -- Judicial Review Of Elections In Malaysia / Kevin Y.l. Tan -- Election Disputes Or Disputed Elections? : Judicial (non-)review Of The Electoral Process In Pakistan / Moeen H. Cheema -- Judicial Review Of The Electoral Process In Singapore After Vellama / Pen Jen Yap -- The Curious Case Of Quasi-weak-form Review : Judicial Review Of Electoral Process In Indonesia / Stefanos Hendrianto -- Election Campaign Regulation And The Supreme Court Of Japan / Shigenori Matsui -- The Electoral Process And The Judicial Review Of Elections In The Republic Of Korea / Woo-young Rhee -- Judicial Strategies To Resolving Presidential Election Disputes : The Case Of Taiwan / Wen-chen Chang And Yi-li Yee -- Thailand : An Abuse Of Judicial Review / Khemthong Tonsakulrungruang -- Courts, Judicial Review And The Electoral Process In Australia : An Antipodean Perspective / Sarah Murray -- Judicial Review Of The Electoral Process In Canada / Yasmin Dawood -- Regulation By Charter : Judicial Review Of Elections In South Africa / Kareem Crayton. Edited By Po Jen Yap. Includes Bibliographical References And Index. Cover 1 Title Page 6 Copyright Page 7 Table of Contents 8 List of tables 10 Notes on contributors 11 1 Courts and elections in Asia 14 Part I Common Law Asia 22 2 Judicial review of elections in Hong Kong: resolving a contradiction 24 3 Democracy and elections in India: reviewing the role of the Election Commission and the courts 51 4 Judicial review of elections in Malaysia 70 5 ‘Election disputes’ or disputed elections? Judicial (non-)review of the electoral process in Pakistan 82 6 Judicial review of the electoral process in Singapore after Vellama 97 Part II Civil Law Asia 106 7 The curious case of quasi- weak- form review: judicial review of electoral process in Indonesia 108 8 Election campaign regulation and the Supreme Court of Japan 128 9 The electoral process and the judicial review of elections in the Republic of Korea 149 10 Judicial strategies to resolving presidential election disputes: the case of Taiwan 160 11 Thailand: an abuse of judicial review 186 Part III Comparative perspectives 206 12 Courts, judicial review and the electoral process in Australia: an Antipodean perspective 208 13 Judicial review of the electoral process in Canada 220 14 Regulation by charter: judicial review of elections in South Africa 233 Index 244