Adjudicating ‘Social Cohesion’: Reflections on Conversations with Judges in Asia

This article reflects on an empirical research project that seeks to investigate how courts and judges in Asia engage—both directly and indirectly—with ‘social cohesion’ in constitutional adjudication. While social cohesion is not a recognized legal or constitutional principle, it nonetheless animates judicial consciousness in varying degrees, depending on local contexts and the kinds of cases that come before the courts. Drawing on insights from interviews and focused discussions with judges across diverse jurisdictions in Asia, the article explores how judges perceive and identify cases implicating social cohesion. It then analyzes how courts navigate and operationalize ‘social cohesion’ through modes of reasoning and remedial craftsmanship, highlighting the delicate task of balancing of legal fundamentals, societal exigencies, and political positionality. By situating adjudication within its broader social and political contexts, the article demonstrates that judicial engagement with social cohesion underscores law’s integrative function and the complex, dialogic relationship between judicial authority, public trust, and the other political branches, especially in Asia’s plural societies.