Judicial Review of Elections in Asia

Po Jen Yap is an Associate Professor at the Faculty of Law, University of Hong Kong

• Part 1: Common Law Asia 1. Introduction 2. Judicial Review and the Integrity of the Election Law in Hong Kong Simon Young 3. Democracy and Elections in India: Reviewing the Role of Election Commission and Courts Surya Deva 4. Judicial Review of Elections in Malaysia Kevin Tan 5. Judicial Review of the Electoral Process in Singapore after Vellama Po Jen Yap Part 2: Civil Law Asia 6. A Curious Case of Weak-from Review: On judicial review of electoral process in Indonesia Stefanus Hendrianto 7. Election Campaigning Regulation and the Supreme Court of Japan Shigenori Matsui 8. Woo-young Rhee, Seoul National University 9. Judicial Deference to Presidential Election Disputes: The case of Taiwan 10. Thailand: An abuse of judicial power Khemthong Tonsakulrungurang Part 3: Western Countries 11. Comparative Views of Courts and the Political Process in the West Kareem Crayton 12. Courts, Judicial Review and the Electoral Process in Australia: An antipodean perspective Sarah Murray 13. The Role of Courts and Electoral Practices in North America Yasmin Dawood and Daniel Tokaji

This book is very timely and provides a comparative take on judicial review in relation to elections in nine Asian jurisdictions whose constitutional systems are based on common law or civil law principles.Yap Po Jen is highly qualified to undertake the task of bringing relevant scholars together to discuss the relevant issues in a comparative frame of reference. He has done so superbly and this book is to be highly recommended."Andrew Harding Professor of Law & Director of Centre for Asian Legal StudiesNational University of SingaporeProfessor Po Jen Yap has assembled a formidable group of legal thinkers from Asia, joined them with their counterparts from Canada, Australia, and South Africa, and produced a unique and provocative collection of essays on an under-studied area of public law, the law governing the elections process. This collection of essays invites us to think afresh about the role of courts and, in some instances, election commissions—and the legal and political constraints they face—in supervising the integrity of the elections process. The collection manages both to focus in on the nuances of particular jurisdictions and to pan out for a wide-angle view across the political spectrum from the politically fragile to the dominant-party to the vibrant, multi-party democracies of Asia. Victor V. RamrajProfessor of Law & Chair in Asia-Pacific Legal RelationsUniversity of Victoria, CanadaThe paradox of democracy is that its flourishing depends on judicial institutions that are insulated from politics. Yet until recently, there has been scant attention to the role of courts in making Asian democracies work. This book fills that void, offering fascinating perspectives from top-notch scholars on how courts have intervened in Asian elections, sometimes constructively and sometimes disastrously. It is essential reading for anyone who cares about democracy and wants to see it thrive, in Asia and across the globe. Daniel Tokaji Charles W. Ebersold and Florence Whitcomb Ebersold Professor of Constitutional LawThe Ohio State University