Proportionality in Asia

Proportionality in Asia

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"Typically, when applying PA, the judiciary would ensure that (i) the State is pursuing a legitimate objective; (ii) the governmental measure undertaken is rationally connected to the stipulated policy objective; and (iii) the right-derogation is no more than necessary to achieve those stated goals"--

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Title Statements

  • Full title :Proportionality in Asia / edited by Po Jen Yap, The University of Hong Kong.

Summary

"Typically, when applying PA, the judiciary would ensure that (i) the State is pursuing a legitimate objective; (ii) the governmental measure undertaken is rationally connected to the stipulated policy objective; and (iii) the right-derogation is no more than necessary to achieve those stated goals"--

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Edition Statements

  • Publication Date:©2020

Publication Statements

The Physical Object

  • Description:xvi, 293 pages : : illustrations ; : 24 cm

Edition Identifiers

  • ISBN:9781108495752, 1108495753
  • oclc:on1141226376
  • LC Classification:KNC97.P76
  • Dewey Decimal:340/.11

Table of Contents

Proportionality in Asia : Joining the Global Choir / Po Jen Yap -- More Structure, More Deference? : Proportionality in Hong Kong / Rehan Abeyratne -- Proportionality in Taiwan : American-German Fusion / Chien Chih Lin -- Proportionality in South Korea : Contextualizing the Cosmopolitan Rights Grammar / Yoon Jin Shin -- Proportionality Doctrine in Malaysia : New Dawn or "Merely Obiter"? / Benjamin Joshua Ong -- Judicial Review of Restrictions on Constitutional Rights in Japan : Highly Ad-hoc, Contextualized, and Deferential / Shigenori Matsui -- Against the Currents : The Indonesian Constitutional Court in an Age of Proportionality / Stephanus Hendrianto -- Manifest Disproportionality and the Constitutional Court of Thailand / Narongdech Srukhosit -- Reasonableness as Proportionality : More Intrusive Scrutiny in Civil Political Matters than Socio -- Economic Ones? / Md. Rizwanul Islam -- Importing Proportionality Through Legislation : A Philippine Experiment / Bryan Dennis Gabito Tiojanco & Ronald Ray Katigbak San Juan -- Is there a Doctrine of Proportionality in Asia (or Anywhere)? / Mark Tushnet.

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