Edited by Rosalind Dixon and Tom Ginsburg
Chapter 4: Judicial engagement
This chapter examines whether and how judges of courts in Asian jurisdictions engage with foreign and international sources of law in resolving constitutional cases. 'Engagement' is used in a neutral sense, to encompass any reference to transnational legal sources, whether positive, negative or bland (cf. Jackson 2010). It extends to consultation of transnational sources by courts, even where this is not reflected in their published reasons. Like the other chapters in this book, this one builds on earlier work, which examined the topic from a more global perspective (Saunders 2011). By adopting an exclusive focus on courts in the Asian region, the chapter seeks both to throw light on constitutional review in Asia and to deepen understanding of judicial engagement as a practice. In doing so, it has the potential also to identify any distinctive characteristics of judicial engagement in the Asian region and thus to provide insight into the utility of regions as a tool of analysis in comparative constitutional law. The earlier chapter took into account experience with judicial engagement in a small number of selected Asian jurisdictions: Japan, Taiwan and Singapore. The approach in this chapter is to determine the extent to which conclusions based on a global sample of jurisdictions are verified, qualified, elaborated or altered by an exclusively Asian focus. In one important respect, which itself is instructive, I depart from the parameters of the earlier study, by including judicial engagement with international, as well as foreign law.
You are not authenticated to view the full text of this chapter or article.
Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.
Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.
Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.