In the past century, Asian nations have experienced a wave of democratisation as countries in the region have gained independence or transitioned from authoritarian military rule towards more participatory politics. At the same time, there has been an expansion of judicial power in Asia, whereby new courts or empowered old ones emerge as independent constraints on governmental authority.

This is the first book to assess the judicial review of elections in Asia. It provides important insights into how Asian courts can strategically engage with the political actors in their jurisdictions and contribute to a country’s democratic discourse. Each chapter in the book sheds light on the judicial review of elections and the electoral process in a specific Asian jurisdiction, including Common Law Asia, namely Hong Kong, India, Malaysia, and Singapore, as well as jurisdictions in Civil Law Asia, namely Indonesia, Japan, the Republic of Korea, Taiwan, and Thailand. It fills a gap in the literature by addressing a central challenge to democratic governance, namely the problem of partisan self-dealing in the electoral processes.

By exploring the constantly evolving role of the courts in addressing pivotal constitutional questions, this book will be of interest to students and scholars of Asian Law, Governance and Politics.

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