Constitutional Convergence in East Asia

2021 ◽  
Author(s):  
Po Jen Yap ◽  
Chien-Chih Lin

This comparative study of the constitutional jurisprudence of three East Asian jurisdictions investigates how the rulings of the Constitutional Court of Taiwan, the Constitutional Court of Korea and the Hong Kong Court of Final Appeal have converged. The unique political contexts of all three jurisdictions have led to strong courts using the structured proportionality doctrine and innovative constitutional remedies to address human rights issues. Hong Kong, Taiwan, and South Korea have the only courts in Asia that regularly use a structured four-stage Proportionality Analysis to invalidate laws, and routinely apply innovative constitutional remedies such as Suspension Orders and Remedial Interpretation to rectify constitutionally flawed legislation. This volume explores how judges in these areas are affected by politics within their different constitutional systems. The latest developments in Asian constitutional law are covered, with detailed analysis of key cases.

2014 ◽  
Vol 8 (4) ◽  
pp. 19-26
Author(s):  
Izabela Bratiloveanu

 The Object formula („Objecktformel”) has been designed and developed in the mid century XX by Günter Dürig, starting from the second formula of Kant's categorical imperative. The Federal Constitutional Court of Germany took the formula and applied it for the first time in the case of the telephone conversations of December 15, 1970. The Object formula („Objecktformel”) was taken from the German constitutional law and applied in the jurisprudence of the European Court of Human Rights.


Significance They are difficult to defend and therefore a tempting target. Beijing might try to seize them as a way to frighten and demoralise Taiwan's government or as preparation for an assault on Taiwan itself. Impacts A successful attack might embolden China to seize islands claimed by Japan and South-east Asian states. Western sanctions imposed in response to such an attack would be significantly more aggressive than those related to Xinjiang and Hong Kong. Japan would take the possibility of war with China more seriously and strengthen its defence capabilities more vigorously. A weak US response would shake Seoul's confidence in US protection and could make South Korea more likely to develop nuclear weapons.


2008 ◽  
Vol 9 (12) ◽  
pp. 2081-2094
Author(s):  
Peter E. Quint

Without much doubt, the two great pillars of American scholarship on the German Basic Law and the jurisprudence of the Federal Constitutional Court are (in the order of first appearance) Donald Kommers's monumental casebook, The Constitutional Jurisprudence of the Federal Republic of Germany and David Currie's magisterial treatise, The Constitution of the Federal Republic of Germany. Professor Kommers's comprehensive work was a milestone in a long career that has been very substantially devoted to the study of German constitutional law. In the late 1960s, Kommers spent a research year at the German Constitutional Court and, drawing in part on personal interviews with the justices, he published the first major work in English on that court. Since then, Kommers has produced a steady stream of significant works on German constitutional law.


2019 ◽  
Vol 107 (2) ◽  
Author(s):  
Gregg A. Stevens

This collection of essays in Medical Education in East Asia: Past and Future outlines the history of medical education in five East Asian countries and territories: China, Japan, South Korea, Taiwan, and Hong Kong.


2019 ◽  
Vol 14 (S1) ◽  
pp. S51-S75
Author(s):  
Ngoc Son BUI

AbstractThis article considers whether the academic inquiry of comparative constitutionalism in Japan, South Korea, and Taiwan may be further developed by a full consideration of the relevance of social movements. Integrating social movement theories into comparative constitutional law, this article argues that a more nuanced positive account of the creation and consolidation of constitutionalism in these East Asian polities must be situated within the engagement of social movements in discursive venues for formal and informal constitutional change.


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