Proportionality in Asia

This book explores how proportionality analysis is applied by courts around Asia, emphasizing how a country's commitment to democracy and the rule of law is fundamental to the success of the doctrine's judicial enforcement. It will appeal to lawyers, political scientists, and students of law and political science.

Format: Paperback / softback
Length: 309 pages
Publication date: 29 September 2022
Publisher: Cambridge University Press

This groundbreaking book is the first to delve into the application of proportionality analysis, a legal concept originating from the Western world, by courts across Asia. It explores the crucial role of a country's commitment to democracy and the rule of law in the successful implementation of this doctrine in the judicial sphere
context. By examining the diverse ways in which proportionality analysis is being embraced and applied in various Asian jurisdictions, the book offers valuable insights into the evolving landscape of legal reasoning and decision-making.

Lawyers, political scientists, and students of law and political science will find this book particularly appealing as it provides a comprehensive exploration of the burgeoning field of proportionality analysis in Asia. The book sheds light on the theoretical foundations, practical applications, and challenges associated with this legal concept, offering a comprehensive understanding of its significance in the region.

The introduction provides a comprehensive overview of proportionality analysis, tracing its historical roots and explaining its theoretical underpinnings. It then explores the historical and cultural contexts that have shaped the development of this legal doctrine in different Asian countries, highlighting the unique challenges and opportunities that each jurisdiction faces.

In the subsequent chapters, the book delves into the practical applications of proportionality analysis in various legal contexts, including criminal law, constitutional law, and administrative law. It examines how courts in Asia have interpreted and applied this doctrine to ensure that the rights and freedoms of individuals are protected while also upholding the principles of public order and security.

The book also discusses the role of international and regional legal frameworks in shaping the application of proportionality analysis in Asia. It explores how international human rights treaties, regional agreements, and domestic laws interact with proportionality analysis, and how they contribute to the development of a common legal framework for the region.

Throughout the book, case studies and examples are used to illustrate the practical implications of proportionality analysis in real-world situations. These cases highlight the successes and challenges faced by courts in applying this doctrine, and they provide valuable insights into the practical challenges and opportunities that arise in the context of Asian legal systems.

In conclusion, this groundbreaking book is a must-read for anyone interested in understanding the role of proportionality analysis in the legal systems of Asia. It offers a comprehensive and insightful exploration of the theoretical foundations, practical applications, and challenges associated with this legal concept, providing valuable insights into the evolving landscape of legal reasoning and decision-making in the region.

ISBN-13: 9781108797733