Explains why the constitutional jurisprudence of Hong Kong, Taiwan, and South Korea is converging, and provides analysis of relevant case law.

The top courts in Hong Kong, Taiwan and South Korea have reshaped constitutional law on non-discrimination, criminal due process, and free speech. This volume explores how their constitutional jurisprudence has converged in the process.

This volume, which is part of the Comparative Public Law Treaties directed by prof. Giuseppe Franco Ferrari, offers the result of a reflection on the characteristics of the constitutional laws of East Asia. In the course of the work, in addition to a deepening of understanding of the legal models considered, investigations were carried out for internal comparison between the Eastern Asian legal systems, as well as for comparison with public legal systems belonging to other, mainly Western, legal traditions. The sectors of the jurisdictions that have been examined concern (a) the constitutional system, with a separate analysis of the legislative, executive and judicial bodies including constitutional justice (in the national experiences that contemplate it), (b) the forms of political-administrative decentralization, and (c) the catalogue of fundamental rights. In accordance with the prevalent trends in international literature on comparative legal methodology (as far as we are concerned, in the area of constitutional law), both diachronic and synchronic profiles of the national legal systems have been examined.

A fascinating insight into how regional organizations in Europe and East Asia are currently grappling with a striking number of essentially similar challenges. This issue-based overview of political integration focuses on the differences and similarities in regional integration levels and processes in the two regions, to examine how the long-term future, role and impact of organizations such as the EU and ASEAN may depend heavily on how well they deal with complex and conflict-laden issues in the next few years. This volume analyzes the historical development, current state and prospective future evolution of political integration in the two regions. These leading authors identify key variables that account for the contrasting political integration levels, clearly demonstrating and explaining why the rhythm of integration in both regions varies. With contributions from both Asian and European scholars on each topic, this book delivers: comparative rather than a single region focus breakdowns of regional integration into key issue areas analysis of monetary cooperation and integration incisive assessments of institutional reform key topics of enlargement, including: identity, distributional equity, the distribution of power and effectiveness or decision-making efficiency discussion of regional and international security crises expert scholarship from both European and Asian perspectives This volume will be of great interest to students and scholars of IPE, international relations, political science, contemporary history and European studies and Asian studies.

Extraterritoriality in East Asia examines the approaches of China, Japan and South Korea to exercising legal authority over crimes committed outside their borders, known as ‘extraterritorial jurisdiction’. It considers themes of justiciability and approaches to international law, as well as relevant examples of legislation and judicial decision-making, to offer a deeper understanding of the topic from the perspective of this legally, politically and economically significant region.

A comparative, systematic and critical analysis of constitutional courts and constitutional review in Asia.

This is the first book that focusses on how proportionality analysis – a legal transplant from the West – is applied by courts around Asia, and it explores how a country's commitment to democracy and the rule of law is fundamental to the success of the doctrine's judicial enforcement. This book will appeal to lawyers, political scientists, and students of law and political science who seek to understand how proportionality analysis is blossoming and, in some cases, flourishing in Asia.