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Administrative Law and Governance in Asia by Tom Ginsburg,Albert H.Y. Chen Pdf
This book examines administrative law in Asia, exploring the profound changes in the legal regimes of many Asian states that have taken place in recent years. Political democratization in some countries, economic change more broadly and the forces of globalization have put pressure on the developmental state model, wherein bureaucrats governed in a kind of managed capitalism and public-private partnerships were central. In their stead, a more market-oriented regulatory state model seems to be emerging in many jurisdictions, with emphases on transparency, publicity, and constrained discretion. This book analyses the causes and consequences of this shift from a socio-legal perspective, showing clearly how decisions about the scope of administrative law and judicial review have an important effect on the shape and style of government regulation. Taking a comparative approach, individual chapters trace the key developments in the legal regimes of major states across Asia, including China, Japan, Korea, Malaysia, Taiwan, Hong Kong, Indonesia, Singapore, the Philippines, Thailand and Vietnam. They demonstrate that, in many cases, Asian states have shifted away from traditional systems in which judges were limited in terms of their influence over social and economic policy, towards regulatory models of the state involving a greater role for judges and law-like processes. The book also considers whether judiciaries are capable of performing the tasks they are being given, and assesses the profound consequences the judicialization of governance is starting to have on state policy-making in Asia.
Public Law in East Asia is a collection of the leading English-language articles on constitutional and administrative law in the Asian region, written by many of the leading scholars from this area. The region has its own distinct legal and political traditions, and its systems of government have facilitated dynamic economic growth, but the role of public law has not been well understood. Covering a wide range of jurisdictions in a single volume, this collection provides insights into the ways in which institutions of Western origin have been integrated into Asian political and legal cultures, producing new syntheses.
Public Law in East Asia by Hongyi Chen,Albert H. Y. Chen,Tom Ginsburg Pdf
This collection of the leading English-language articles on constitutional and administrative law in the Asian region shows how, in the context of distinct legal and political traditions and dynamic economic growth, the role of public law has not been well understood. The articles cover a wide range of jurisdictions in a single volume, and provide insights into the ways in which institutions of Western origin have been integrated into Asian political and legal cultures.
Corruption in Asia by Timothy Lindsey,Howard W. Dick Pdf
Multilateral and bilateral aid agencies now direct much of their East Asia activities to so-called ''governance'' reform. Almost every major development project in the region must now be justified in these terms and will usually involve an element of legal institutional reform, anti-corruption initiatives or strengthening of civil society - and often a mix of all of these. Most are, in fact, major exercises in social engineering. Aid agencies and major multilateral players like the IMF, the World Bank and the Asian Development Bank, are attempting not just to improve governance systems and combat corruption but, implicitly, to restructure entire national political systems and administrative structures. ''Conditionality'' puts real weight behind these projects. If successful, they could transform the face of East Asia. Defining ''governance'' and understanding ''corruption'' are therefore not minor issues of terminology. However, a great deal of optimism is required to believe that social engineering for good governance will succeed in either Indonesia or Vietnam within the foreseeable future. In Indonesia, there is neither the political will nor the mechanism to act, since the legal system is itself utterly corrupted. Better laws have been passed, but they fail in implementation. In Vietnam the problems are somewhat different, but the outcomes are similar. Corruption is widely recognised to be a major political, social and economic issue - even by the Party itself - but few cases are ever tried. The bureaucracy (including the legal system) and the party are so complicit that reform is impossible. These systemic problems point to the basic flaw in the good governance agenda and strategy. A politically powerful alliance of foreign and domestic interests is necessary. Foreign multilateral agencies, donors and NGOs are able to set the international policy agenda, but their domestic allies are politically weak. In the absence of rule of law, the basic institutions of these transitional societies remain largely as they were and there is, as yet, no viable alternative system in either Indonesia or Vietnam. The argument of this book is that more might be achieved sooner by much better understanding of political, legal, commercial and social dynamics in Indonesia and Vietnam, not as they are meant to be but as they are. Multilateral agencies, donors, NGOs, business firms and scholars on the one hand; and local politicians, bureaucrats, business people, lawyers, journalists, academics, and NGOs on the other hand have much usefully to discuss. Only out of that dialogue, a dialogue between the world as it is and the world of ideals, can steady progress be made. This book examines these problems initially in an abstract theoretical sense before testing the frameworks thus established through a series of case studies of Indonesia and Vietnam, two very different Asian states: one (Vietnam) still socialist but in difficult transition from command economy to a limited market structure; the other (Indonesia) embracing a market economy and an emerging democratic system; one with a Confucian legal and political tradition, the other not; one with a socialist, the other a civil law, legal system. The book is divided into three parts. The first, ''Frameworks'', establishes some theoretical approaches to the problem of corruption and governance (including a East European example). The second part looks at case studies from Indonesia; and the third part looks specifically at Vietnam. Relevant legislation and judicial decisions can be found in the table of cases and a detailed glossary and list of abbreviations will assist readers unfamiliar with the countries under examination.ABOUT THE CONTRIBUTORSIbrahim Assegaf is the Executive Director of the Centre for Indonesian Law and Policy Studies (Pusat Studi Hukum dam Kebijakan Indonesia) and the Managing Director of the Indonesian law website, http://www.hukumonline.com. He is also a member of the Steering Committee for the Establishment of the Anti-Corruption Commission and for the UNDP''s Partnership for Governance Reform. Paul Brietzke is a Professor at Valparaiso University Law School (USA) and from January 1999 to August 2000 was Legal Advisor at the then Ministry of Justice of Indonesia in Jakarta. Howard Dick is an Associate Professor in the Australian Centre for International Business, University of Melbourne, Australia. John Gillespie is Associate Professor in the Law School, Deakin University, Melbourne, Australia. Gary Goodpaster is Professor of Law Emeritus, University of California School of Law, Davis; and former Chief of Party, Partnership for Economic Growth, a joint economic policy development project of USAID and the Government of Indonesia. Leslie Holmes is a Professor of Political Science and Director of the Contemporary Europe Research Centre at the University of Melbourne, Australia. He is also the President of the International Council for Central and East European Studies. Kanishka Jayasuriya is Senior Research Fellow, South East Asia Research Centre, City University of Hong Kong Tim Lindsey is Director of the Asian Law Centre and an Associate Professor in the Law School, both at the University of Melbourne, Australia. Elizabeth Maitland is Associate Director of the Australian Centre for International Business, University of Melbourne. Pip Nicholson is Associate Director (Vietnam) of the Asian Law Centre and a Senior Fellow of the Law School, both at the University of Melbourne, Australia. Veronica Taylor is Professor of Law and Director of the Asian Law Center, University of Washington, Seattle.
Public Administration in Southeast Asia by Evan M. Berman Pdf
While public administration practice and education in general has become considerably professionalized in the last decade, existing knowledge on public administration in Southeast Asia is fragmented at best, and often devoid of a useful reference. While journal articles and government reports provide decentralized information, Public Administration in Southeast Asia: Thailand, Philippines, Malaysia, Hong Kong and Macao takes a comprehensive and comparative look at the major components of administration systems. The selection of countries and regions included reflects the diversity of Southeast Asia. Organized by Country The handbook fills a critical need by bringing together leading scholars who provide an insider perspective and viewpoint on essential and advanced issues. Divided into five sections, each dedicated to a particular country, the text outlines topics relevant to modern public administration, including: History and Political Context of Public Administration Decentralization and Local Governance Public Ethics and Corruption Performance Management Reforms Civil Service System Focusing on recent developments in public administration in these countries which are among the fastest growing economies in the world, the book explores their practices and innovative approaches in public administration. For many years people have been fascinated by the cultures, peoples, and governments of Southeast Asia, and now they have a book that discusses the apparatus of government in Southeast Asia – their agencies, contexts, processes, and values.
Public Administration in East Asia by Evan M. Berman Pdf
Written by leading experts, Public Administration in East Asia: Mainland China, Japan, South Korea, Taiwan examines the inner workings of governments in East Asia, in particular its public administration and related public policy processes. It focuses on the apparatus of government — the agencies, their values, context, and policies within which they operate. Organized in parallel sections, the book covers the history, public policy processes, organization, HRM, ethics, corruption, intergovernmental relations, performance management, and e-government. It discusses each of these topics separately for Mainland China, Japan, South Korea, and Taiwan, providing an unusual and important comparative perspective. The book includes essential knowledge and facts, discussions of emerging issues, and useful resources for further reading. It addresses questions such as: What is the history of public administration in East Asia? How are decisions made? What is the role of Confucianism in shaping public administration? How does the developmental path affect public administration? Why is performance management emphasized? What is the state of citizen participation? How are ethical underpinnings of the civil service different from the West? Why are intergovernmental relations an essential issue in East Asia? What are the politics behind world-class achievements in IT? What is the nature of civil service reform? What is the nature of efforts to combat government corruption? You can find many books on trade policy and politics that sometimes give good insight into the operation of government agencies. You can also find a few edited books that contain single chapters on countries in the Asia-Pacific region. What is missing, however, is a single resource that provides an overview with depth on matters solely about public administration. This state-of-the-art resource brings together the fragments of existing knowledge on East Asian economies, filling the need for a comprehensive compendium that showcases the public administration practices in the region and East Asia’s innovative approaches to governance and its many challenges.
Law, Capitalism and Power in Asia by Kanishka Jayasuriya Pdf
A challenging and provocative book that contests the liberal assumption that the rule of law will go hand in hand with a transition to market-based economies and even democracy in East Asia. Using case studies from Hong Kong, China, Indonesia, Malaysia, Taiwan, Japan and Vietnam, the authors argue that the rule of law is in fact more likely to provide political elites with the means closely to control civil society. It is essential, therefore, to locate conceptions of judicial independence and the rule of law more generally within the ideological vocabulary of the state.
Asian Development Experience Vol. 2 by Yasutani Shimomura Pdf
This volume investigates the missing link, the complicated realities of the relations between governance and development through case studies of ASEAN countries. Its main objective is to explore a theoretical framework to overcoming the limitations of mainstream approaches by employing case studies on decentralization, crisis management, corporate governance and foreign aid management of both public and private entities. From the beginning of the 1990s onwards, the international aid community has increasingly stressed that good governance, together with democracy and protection of basic human rights, is indispensable for sustainable economic development. The terms, however, are complex, broad, and arguable. They largely refer to discipline of government institutions and the capacity of the public sector. While a wide variety of empirical studies has been done on the relations between good governance and development, it is still unclear how the differences in governance influence development performance in a real world.
Governance in South, Southeast, and East Asia by Ishtiaq Jamil,Salahuddin M. Aminuzzaman,Sk. Tawfique M. Haque Pdf
This book explores and analyzes governance and policy issues in South, Southeast, and East Asia. It maps governance challenges and analyzes current trends from the perspectives of democracy, public policy, and public institutions. Regional public administration and governance systems have undergone some phenomenal changes over the last three decades and have played a key role in the economic progress of the area, especially in the Southeast and East Asian nations. Rich with country-specific evidence and analyses, the chapters in the book apply empirical and other research methods to examine shifting paradigms and best practices. This book develops an understanding of changes in the forms, process and practices of governance, both within the context of each nation and in a comparative perspective. The book will appeal to scholars, academics, students, and practitioners of public administration, political science, and policy issues.
In Search of Better Governance in South Asia and Beyond by Ishtiaq Jamil,Steinar Askvik,Tek Nath Dhakal Pdf
The pursuit for better governance has assumed center stage in developmental discourse as well as reform initiatives of all organizations working for the public welfare, and includes such issues as service delivery and responding to citizens’ needs and demands. In the era of globalization, multilevel and new modes of governance are changing the traditional governance models of nation states, accelerated by technological innovation, rising citizen expectation, policy intervention from international and multilateral donor communities, and the hegemony of western ideology imposed on many developing nations. However, a universally accepted and agreed upon definition of 'governance’ still remains elusive. There is no consensus or agreement as to what would be the nature and form of governance and public administration. The question that is raised: Is there a universal governance mechanism that fits in all contexts or governance mechanisms should be based on home grown ideas?One can see various programs and policies of reforms and reorganizations in public administration in the developing countries, but these efforts have not been effective to address the challenging issues of economic development, employment generation, poverty reduction, ensuring equality of access to public services, maintaining fairness and equity, security and safety of citizens, social cohesion, democratic institution building, ensuring broader participation in the decision making process, and improving the quality of life. Therefore, there is a widespread concern for better governance or sound governance to bridge the gap between theory and practice, making this book of interest to academics as well as policy-makers in global public administration.
New Courts in Asia by Andrew Harding,Penelope Nicholson Pdf
This book discusses court-oriented legal reforms across Asia with a focus on the creation of ‘new courts’ over the last 20 years. Contributors discuss how to judge new courts and examine whether the many new courts introduced over this period in Asia have succeeded or failed. The ‘new courts’ under scrutiny are mainly specialist courts, including those established to hear cases involving intellectual property disputes, bankruptcy petitions, commercial contracts, public law adjudication, personal law issues and industrial disputes. The justification of the trend to ‘judicialize’ disputes has seen the invocation of Western-style rule of law as necessary for the development of the market economy, democratization, good governance and the upholding of human rights. This book also includes critics of court building who allege that it serves a Western agenda rather than serving local interests, and that the emphasis on judicialization marginalises alternative local and traditional modes of dispute resolution. Adopting an explicitly comparative perspective, and contrasting the experiences of important Asian states - China, Japan, Korea, Malaysia, Vietnam, Brunei, Thailand and Indonesia - this book considers critical questions including: Why has the ‘new-court model’ been adopted, and why do international development agencies and nation-states tend to favour it? What difficulties have the new courts encountered? How have the new courts performed? What are the broader implications of the trend towards the adoption of judicial solutions to economic, social and political problems? Written by world authorities on court development in Asia, this book will not only be of interest to legal scholars and practitioners, but also to development specialists, economists and political scientists.
Public Governance in Asia and the Limits of Electoral Democracy by Brian Bridges,Lok-sang Ho Pdf
This book documents the search for a workable model of democracy in Asia. It explores the various forms of Asian democracy practiced to date, and throws light on where these models may have failed and where they may have succeeded. The case studies developed provide valuable insights into governance and democracy in Asia (North-east, South-east and South) a region that remains fascinating and dynamic despite the impact of the recent global crisis. The book concludes that whilst there may not be a model that works best in all regions, a key ingredient to a workable model must include sound gove.
