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Constitutional Adjudication in Malaysia and Singapore

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Constitutional Adjudication in Malaysia and Singapore by Tew, Yvonne, 9780198716839
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  • ISBN: 9780198716839 | 0198716834
  • Cover: Hardcover
  • Copyright: 9/29/2020
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Investigating constitutional rights in Malaysia and Singapore, Yvonne Tew offers a novel model of constitutional adjudication for these constitutional systems of Southeast Asia. Constitutional Adjudication in Malaysia and Singapore bridges the gap between perceived Western conceptions of universal rights and Asian cautiousness towards individual rights by advancing a constitutional adjudication theory that articulates how constitutional rights can be protected in a manner sensitive to the contextual complexities of the region. It argues that these constitutions, properly understood, possess a minimum core based on the original framework and structural principles of the rule of law and separation of powers. This constitutional minimum core provides a powerful basis to guide constitutional interpretation and judicial decision making.

Focusing on two key issues that have become the defining fault lines of constitutional debate in these Asian states- freedom of religion and individual liberty under preventive detention laws - this volume demonstrates how a concrete application of the constitutional adjudication model can give meaningful content to specific fundamental rights.

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