Books by Li-ann Thio 张黎衍
Oxford Handbook on Christianity and the Law, 2023
The diverse continent of Asia may be considered the cradle of Christianity and other religious fa... more The diverse continent of Asia may be considered the cradle of Christianity and other religious faiths, although Asian Christians themselves have largely forgotten or ignored this. Christianity is more frequently associated with Western colonialism and viewed as an invasive foreign missionary religion by many Asians, even if Christianity's encounter with Asia predates Western Christendom and colonialism; today the center of Christianity has shifted to the global South, agenda, contrary to Christian values of human dignity and the differentiation of religious and political power.
NOMOS , 2023
This essay investigates Covid-19 pandemic regulation within the context of the Singapore polity b... more This essay investigates Covid-19 pandemic regulation within the context of the Singapore polity between 2020-2022, which practices a brand of legal communitarianism. This focuses on regulating and shaping behaviour not only by the methods of liberal legalism (sanctions, courts and law) but through resort to soft norms, foregrounding trust, solidarity and deploying nudges to bring about desired conduct. It unpacks how communitarianism may manifest as 'communitarian as solidarity' which operates in the key of persuasion and hortatory expectations, and how a turn to more authoritarian methods reflects a brand of 'communitarianism as muscular majoritarianism.'
Mixed Blessings: Law, Religions, and Women’s Rights in the Asia-Pacific Region, 2006
Women Religion and Law in Singapore
Singapore acceded to three United Nations (UN) human rights treaties in 1995 on women's rights, c... more Singapore acceded to three United Nations (UN) human rights treaties in 1995 on women's rights, children's rights and the genocide convention. It recently commenced engaging with the treaty-monitoring bodies through state reports. Drawing upon state practice, this article examines Singapore's human rights practice and its "pragmatic realist" approach, this being an instructive case study in demonstrating how "rights" play out within a "communitarian" society which valorises collective interests and favours consensus and a "responsibilities" discourse over adversarial rights language. It addresses themes central to understanding Singapore human rights practice in terms of substantive content, dominant rights theory, interpretative and enforcement approaches, including interactions with UN human rights institutions and non-government bodies. It contends that human rights policy is ultimately informed by state objectives prioritising economic growth, development and social order, often justified by reference to culturally relativistic "Asian values".
Law and Technology in Singapore, 2021
An examination of how technology impacts Singapore public law, with a focus on communications tec... more An examination of how technology impacts Singapore public law, with a focus on communications technology
Edited by Li-ann Thio & Jaclyn L Neo 20% off with this flyer! Hardback | 480 pp | February 2021 |... more Edited by Li-ann Thio & Jaclyn L Neo 20% off with this flyer! Hardback | 480 pp | February 2021 | 9781509937295 | £75.00 £60.00 This book provides in-depth comparative analysis of how religious penal clauses have been developed and employed within Asian common law states, and the impact of such developments on constitutional rights. By examining the theoretical and conceptual underpinnings of religious offences as well as interrogating the nature and impact of religious penal clauses within the region, it contributes to the broader dialogue in relation to religious penal clauses globally, whether in countries which practise forms of secular or religious constitutionalism. Asian practice is significant in this respect, given the centrality of religion to social life and indeed, in some jurisdictions, to constitutional or national identity. Providing rigorous studies of common law jurisdictions that have adopted similar provisions in their penal code, the contributors provide an original examination and analysis of the use and development of these religious clauses in their respective jurisdictions. They draw upon their insights into the background sociopolitical and constitutional contexts to consider how the interrelationship of religion and state may determine the rationale and scope of religious offences. These country-by-country chapters inform the conceptual examination of religious views and sentiments as a basis for criminality and the forms of 'harm' that attract legal safeguards. Several chapters examine these questions from a historical and comparative perspective, considering the underlying bases and scope, as well as evolving objectives of these provisions. Through these examinations, the book critically interrogates the legacy of colonialism on the criminal law and constitutional practice of various Asian states.
Academy Publishing, 2021
February 2021
Pu blisH i ng This book of text, cases and materials from Asia is designed for scholars and stude... more Pu blisH i ng This book of text, cases and materials from Asia is designed for scholars and students of constitutional law and comparative constitutional law. The book is divided into 11 chapters, arranged thematically around key ideas and controversies, enabling the reader to work through the major facets of constitutionalism in the region. The book begins with a lengthy introduction that critically examines the study of constitutional orders in 'Asia', highlighting the histories, colonial influences, and cultural particularities extant in the region. This chapter serves both as a provisional orientation towards the major constitutional developments seen in Asia -both unique and shared with other regions -and as a guide to the controversies encountered in the study of constitutional law in Asia. Each of the following chapters is framed by an introductory essay setting out the issues and succinctly highlighting critical perspectives and themes. The approach is one of 'challenge and response', whereby questions of constitutional importance are posed and the reader is then led, by engaging with primary and secondary materials, through the way the various Asian states respond to these questions and challenges. Chapter segments are accompanied by notes, comments and questions to facilitate critical and comparative analysis, as well as recommendations for further reading.
Papers by Li-ann Thio 张黎衍
Asia Pacific Law Review
Edited by Li-ann Thio & Jaclyn L Neo 20% off with this flyer! Hardback | 480 pp | Februar... more Edited by Li-ann Thio & Jaclyn L Neo 20% off with this flyer! Hardback | 480 pp | February 2021 | 9781509937295 | £75.00 £60.00 This book provides in-depth comparative analysis of how religious penal clauses have been developed and employed within Asian common law states, and the impact of such developments on constitutional rights. By examining the theoretical and conceptual underpinnings of religious offences as well as interrogating the nature and impact of religious penal clauses within the region, it contributes to the broader dialogue in relation to religious penal clauses globally, whether in countries which practise forms of secular or religious constitutionalism. Asian practice is significant in this respect, given the centrality of religion to social life and indeed, in some jurisdictions, to constitutional or national identity. Providing rigorous studies of common law jurisdictions that have adopted similar provisions in their penal code, the contributors provide an original examination and analysis of the use and development of these religious clauses in their respective jurisdictions. They draw upon their insights into the background sociopolitical and constitutional contexts to consider how the interrelationship of religion and state may determine the rationale and scope of religious offences. These country-by-country chapters inform the conceptual examination of religious views and sentiments as a basis for criminality and the forms of 'harm' that attract legal safeguards. Several chapters examine these questions from a historical and comparative perspective, considering the underlying bases and scope, as well as evolving objectives of these provisions. Through these examinations, the book critically interrogates the legacy of colonialism on the criminal law and constitutional practice of various Asian states.
Christianity and Constitutionalism
The rule of law is a universally accepted prescription for constitutional government, although wh... more The rule of law is a universally accepted prescription for constitutional government, although what it entails is contested. Formal conceptions focus on clear rules and due process, while “thicker” conceptions espouse some theory of substantive justice, which invites disagreement and controversy. Hellenic and biblical streams of Western legal thought drew explicit links between the rule of law and a higher law beyond state promulgated law. The latter served as the source of substantive justice and an objective reference point from which to evaluate a legal system. The higher law idea has become unfashionable in an age of legal positivism, realism, and postmodernism, driven by metaphysical skepticism and rejection of law’s autonomy from politics. Nonetheless, the rule of law requires a theory of law, whether founded on religious or humanist premises. This chapter asks whether the rule of law can be apprehended and implemented, detached from its sacred roots. It argues that Christiani...
The judicial articulation of a "four walls" doctrine as a governing principle of consti... more The judicial articulation of a "four walls" doctrine as a governing principle of constitutional interpretation, extant in both Malaysia and Singapore, is indicative of a particularized theory of constitutional interpretation that limits the legitimate sources of law which may inform constitutional construction. The "four walls" doctrine suggests an insularity discordant with the vigorous interest in "transnational judicial conversations,"' within a growing "world community of courts." This trend is indicative of the openness of certain national courts towards citing, evaluating, and applying foreign decisions and international human rights law ("transnational law") in adjudicating civil liberties. Indeed, comparative constitutional law has become something of a "cottage industry" in certain jurisdictions.3 While liberal democracies have engaged in cross-fertilization in the development of rights, it is clear that the pa...
Law & Society: The Legal Profession eJournal, 2017
This essay engages pedagogy and teaching philosophy in reviewing how constitutional and administr... more This essay engages pedagogy and teaching philosophy in reviewing how constitutional and administrative law (“CAAL”) has been taught at NUS over the past 60 years, engaging the themes of mission, method and materials. Gone is the time when foreign academics disinterested in local law thoughtlessly issued readings on Bickel and irrelevant foreign cases; today, most CAAL teachers are active researchers who appreciate the autochthonous, experimental nature of the constitutional order and the changing political context, while staying abreast of comparative and international developments. While the dominant party state remains, the governance style has shifted from authoritarianism to a more consultative, participatory approach, befitting of a post-deferential era. Government-driven constitutional amendments continue, constitutional litigation is proceeding apace and public interest in public law is in ascendancy.
INTERNATIONAL STUDIES IN HUMAN RIGHTS VOLUME 81 The titles published in this series are listed at... more INTERNATIONAL STUDIES IN HUMAN RIGHTS VOLUME 81 The titles published in this series are listed at the end of this volume. ... MANAGING BABEL: THE INTERNATIONAL LEGAL PROTECTION OF MINORITIES IN THE TWENTIETH CENTURY LI-ANN THIO (BA)(Hons)(Oxford); LLM. ( ...
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Books by Li-ann Thio 张黎衍
Papers by Li-ann Thio 张黎衍
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