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Parliaments in Asia : introduction
No full textLegislatures 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 differ dramatically across the continent, such that it is impossible to identify a common Asian characteristic. This chapter showcases the rich varieties that exist in Asia and explain how political power is constituted in each jurisdiction. Furthermore, alongside detailed jurisdictional studies of 17 countries and regions, we also provide a taxonomy to explain the diverse regime types in Asia. These regime types are as follows: communist regimes, liberal democracies, dominant party democracies, turbulent democracies, presidential democracies, military regimes, and protean authoritarian rule. And we explain how the jurisdiction's regime type impacts its government's performance and legitimacy
More Structure, More Deference
No full textThis chapter examines the proportionality test as applied in Hong Kong’s constitutional jurisprudence. In addition to tracing the evolution of proportionality doctrine from the British colonial era to the present day, the paper advances two broad claims. First, it argues that the Hong Kong judiciary, led by the Court of Final Appeal (CFA), has gradually inserted more structure to the proportionality test, but has also become more deferential to governmental authority and expertise in constitutional rights adjudication. The CFA’s landmark judgment in Hysan Development Co Ltd v Town Planning Board (2016) is most significant in this regard, as it enabled the use of a very deferential standard of review – “manifest” unreasonableness – in a wide range of fundamental rights cases. Second, Hysan’s introduction of a fourth step to the proportionality test has had little, if any effect on subsequent judgments. The fourth step calls for courts to balance the societal benefits of an impugned law against the harm it imposes on individual rights. Thus far, however, Hong Kong courts have refrained from taking this balancing exercise seriously, even when the burden on those whose rights are affected appears to be substantial or excessive
Bangladesh’s inconsistency with the doctrine of prospective invalidation
No full textThis chapter argue that the position of the Supreme Court of Bangladesh is hardly based on any principled appreciation of the doctrine. It describes the prospective Invalidation is used in a specific sense to touch upon judicial decisions unsettling the validity, or a prevailing understanding, of statute or statutory laws. Bangladesh, a common law system, has formally endorsed the Prospective Invalidation doctrine in a one-line observation in the Thirteenth Amendment Case. Several decisions of the Supreme Court of Bangladesh indicate that Prospective Invalidation has been implicitly endorsed in the country even before it was formally endorsed. Maulvi Tamizuddin Khan presented a situation quite suitable for the introduction of Prospective Invalidation by the court in cases of necessity. Chief Justice ABM Khairul Hoque had to deal with the question of Prospective Invalidation of the Thirteenth Amendment. The Bangladesh Supreme Court thereby attained a Prospective Invalidation like outcome without expressly endorsing it
Bangladesh Jatya Sangsad(The Parliament of Bangladesh)
Get PDFThe Parliament of Bangladesh (hereinafter, the Parliament) is officially known as the Jatiya Sangsad (House of the Nation). It is a unicameral legislature established under Article 65 of the Constitution of the People’s Republic of Bangladesh (hereinafter, the Constitution). Modelled on Westminster, the Parliament is entrusted with legislative powers, the constitutional amendment power, financial and budgetary powers, and the powers of democratic oversight over the government. The Prime Minister and the Cabinet are drawn from the majority parliamentary party. The government remains in power so long as it bears the confidence of Parliament. As Bangladesh recognises constitutional supremacy, parliamentary laws and even constitutional amendments are subject to judicial review. The Supreme Court of Bangladesh is considered the guardian of the written Constitution and, hence, has the power of judicial review over executive and legislative actions. This chapter explains the structure, composition, powers, functions, and legislative process of the Parliament. The chapter also includes critical reflections on several of its institutional aspects
The Cambridge handbook of comparative law
No full textPublished online: January 2024Comparative law is a common subject-matter of research and teaching in many universities around the world, and the twenty-first century has aptly been termed 'the era of comparative law'. This Cambridge Handbook of Comparative Law presents a truly global perspective of comparative law today. The contributors are drawn from all parts of the world to provide different perspectives on how we understand the 'law' and how it operates in practice. In substance, the Handbook contains 36 chapters covering a broad range of topics, divided under the following headings: 'Methods of Comparative Law' (Part I), 'Legal Families and Geographical Comparisons' (Part II), 'Central Themes in Comparative Law' (Part III); and 'Comparative Law beyond the State' (Part IV).-- 1. Introduction: a new handbook for comparative law in a global context -- Part I. Methods of Comparative Law -- 2. Traditional methods -- 3. Historical-jurisprudential methods -- 4. Critical methods -- 5. Culture and comparative law methodology -- 6. Linguistic approaches -- 7. Qualitative fieldwork -- 8. New institutional economics -- 9. Empirical methods -- 10. Machine-learning methods -- Part II. Legal Families and Geographical Comparisons -- 11. Civil law -- 12. Common law -- 13. Confucian legal tradition -- 14.Former Soviet States of Eastern Europe, Caucasus and Central Asia -- 15. Latin America -- 16. Middle East and North Africa -- 17. South Asia -- 18. Sub-Saharan Africa -- Part III. Central Themes in Comparative Law -- 19. The tradition of comparative law: comparison and its colonial legacies -- 20. Decolonial theory and comparative law -- 21. Legal transplants: a theoretical framework and a case study from public law -- 22. Legal transplants: a case study of private law in its historical context -- 23. Convergence and divergence in public law -- 24. Convergence and divergence in company law -- 25. Law and development -- 26. Divided legal systems: understanding legal systems in conflict-prone societies -- 27. Legal pluralism and commerce -- Part IV. Comparative Law Beyond the State -- 28. Comparative international law -- 29. Transnational regulation -- 30. Quantitative forms of legal governance -- 31. Comparative international arbitration law -- 32. Cross-border judicial dialogue -- 33. Comparing regional law -- 34. Comparative conflict of laws -- 35. Comparative indigenous law -- 36. Comparative legal educatio
Transnational Constitutionalism in the United States: Toward a Worldwide Use of Interpretive Modes of Comparative Reasoning
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