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  • 5 - Judicial Rhetoric and Constitutional Comparativism

  • from Part II - Constitutional Law
  • Edited by Matthew S. Erie, University of Oxford, Ching-Fu Lin, National Tsing Hua University, Taiwan
  • Book:
    Inter-Asian Law
    Published online:
    16 December 2025
    Print publication:
    22 January 2026, pp 99-113
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  • Summary

    This chapter explores how judicial mechanisms employed by apex courts have migrated across South Asia and Southeast Asia, using India, Pakistan, and Malaysia as examples. The chapter focuses on two case studies – Pakistan and Malaysia – to examine how judicial mechanisms, like the basic structure doctrine articulated by the Indian Supreme Court, have been strategically adapted by courts in Pakistan and Malaysia to strengthen their institutional power. This chapter considers the use of judicial rhetoric and constitutional comparativism in crafting opinions of popular salience by examining the distinct ways in which these Asian courts have engaged with foreign and comparative case law.