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Comparative Originalism in Constitutional Interpretation in Asia

Yvonne Tew

(2017) 29 SAcLJ 719

Originalist approaches to constitutional interpretation take many forms across different constitutional contexts. This article examines the diversity of approaches to using constitutional history in constitutional interpretation and explores its practice across four Asian constitutional systems. It begins by examining the different ways in which constitutional courts and actors approach constitutional history. The article then explores at greater depth the constitutional practice of originalist arguments in four Asian jurisdictions: Malaysia, Singapore, India, and Hong Kong. The article concludes with reflections on the broader comparative observations gained from considering the salience of constitutional history in these Asian contexts.