Constitutional Dialogue in Common Law Asia
ISBN: 9780191799969
Platform/Publisher: Oxford Academic / Oxford University Press
Digital rights: Users: Unlimited; Printing: Unlimited; Download: Unlimited
Subjects: Constitutional and Administrative Law Comparative Law;

In a comprehensive examination of the constitutional systems of Hong Kong, Singapore, and Malaysia, Po Jen Yap contributes to a field that has traditionally focussed on Western jurisdictions. Drawing on the history and constitutional framework of these Asian law systems, this book examines the political structures and traditions that were inherited from a British government and the major constitutional developments since decolonization.

Yap examines the judicial crises that have occurred in each of the three jurisdictions, and the techniques that have been developed to allow courts to preserve the right of the legislature to disagree with the courts' decisions using the ordinary political processes.

The book focuses on how these novel judicial techniques have been applied to four core constitutional areas: freedom of expression, freedom of religion, right to equality, and criminal due process rights. Chapters on each of these core topics examine and critique major case law, and develop a model of dialogic judicial review that offers a compelling alternative to legislative and judicial supremacy.


Po Jen Yap, Associate Professor, The University of Hong Kong

Dr Po Jen Yap is an Associate Professor at The University of Hong Kong, Faculty of Law, where he specializes in Constitutional and Administrative law. He graduated from the National University of Singapore with an LLB degree and he obtained LLM qualifications from both Harvard Law School and University College London. He also has a PhD degree from the University of Cambridge. He is an Advocate and Solicitor of the Supreme Court of Singapore and an Attorney at Law in the State of New York (USA).

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