Asian Socialism Legal Change

Author : John Gillespie,Pip Nicholson
Publisher : ANU E Press
Page : 354 pages
File Size : 47,5 Mb
Release : 2005-08-01
Category : Social Science
ISBN : 9781920942274

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Asian Socialism & Legal Change by John Gillespie,Pip Nicholson Pdf

The immense process of economic and social transformation currently underway in China and Vietnam is well known and extensively documented. However, less attention has been devoted to the process of Chinese and Vietnamese legal change which is nonetheless critical for the future politics, society and economy of these two countries. In a unique comparative approach that brings together indigenous and international experts, Asian Socialism and Legal Change analyzes recent developments in the legal sphere in China and Vietnam. This book presents the diversity and dynamism of this process in China and Vietnam-the impact of socialism, constitutionalism and Confucianism on legal development; responses to change among enterprises and educational and legal institutions; conflicts between change led centrally and locally; and international influences on domestic legal institutions. Core socialist ideas continue to shape society, but have been adapted to local contexts and needs, in some areas more radically than in others. This book is the first systematic analysis of legal change in transitional economies.

Author : Anita Chan,Stanley Rosen,Jonathan Unger
Publisher : Routledge
Page : 321 pages
File Size : 52,9 Mb
Release : 2015-12-22
Category : Political Science
ISBN : 9781317272571

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On Socialist Democracy and the Chinese Legal System by Anita Chan,Stanley Rosen,Jonathan Unger Pdf

In 1974, a small group of young intellectuals, the Li Yizhe group, circulated their dissident manifesto, ‘On Socialist Democracy and the Legal System,’ a probing critique of the leftist authoritarianism of Mao Zedong. This title examines the writings of these dissidents as a means to better understand the views of non-Party Marxists in their struggle to defy the government and construct their own vision of a socialist China. Originally published in 1985, this title remains relevant in relation to contemporary Chinese politics and will be of interest to students of Asian Studies and Politics.

Author : Hualing Fu,John Gillespie,Penelope Nicholson,William Partlett
Publisher : Cambridge University Press
Page : 463 pages
File Size : 51,9 Mb
Release : 2018-07-05
Category : Business & Economics
ISBN : 9781108424813

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Socialist Law in Socialist East Asia by Hualing Fu,John Gillespie,Penelope Nicholson,William Partlett Pdf

A fresh perspective on socialist law as practiced in China and Vietnam, two major socialist states.

Author : Andrew Harding,Peter Leyland
Publisher : Unknown
Page : 20 pages
File Size : 41,9 Mb
Release : 2010
Category : Electronic
ISBN : 0415470056

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The Constitutional Court of Thailand, 1998-2006 by Andrew Harding,Peter Leyland Pdf

Author : Ngoc Son Bui
Publisher : Oxford University Press
Page : 336 pages
File Size : 50,5 Mb
Release : 2020-07-23
Category : Law
ISBN : 9780192592026

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Constitutional Change in the Contemporary Socialist World by Ngoc Son Bui Pdf

After the collapse of the Soviet bloc, there are only five socialist or communist countries left in the world – China, Cuba, Laos, North Korea, and Vietnam – which constitute about one-quarter of the world’s population. Yet, there is little scholarship on their constitutions. These countries have seen varying socioeconomic changes in the decades since 1991, which have led in turn to constitutional changes. This book will investigate, from a comparative and interdisciplinary perspective, how and why the constitutional systems in these five countries have changed in the last three decades. The book then breaks the constitutional changes down into four questions: what are the substantive contents of constitutional change, what are the functions, what are the mechanisms, and what are the driving forces? These questions form a framework to process the changes the five countries have gone through, such as making new constitutions, amending current ones, introducing more rights, allowing citizens to engage in changes, enacting legislation, and defining the constitutional authority of the three state branches and their relationship with the Communist Party. While all five countries have adapted their constitutional systems, the degree, mechanisms, and influential factors are not identical and present considerable variations. This book examines and explores these differences and how they developed. Constitutional Change in the Contemporary Socialist World offers a comprehensive and holistic view of an understudied and overlooked area of constitutional law, essential for anyone studying or working in law, politics, or policy.

Author : John Garrick,Yan Chang Bennett
Publisher : Routledge
Page : 244 pages
File Size : 42,8 Mb
Release : 2016-01-29
Category : Social Science
ISBN : 9781317354161

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China's Socialist Rule of Law Reforms Under Xi Jinping by John Garrick,Yan Chang Bennett Pdf

Under the direction of the Communist Party of China (CPC), key legal challenges have been identified which will shape the modernization of China’s legal and administrative institutions. An increasingly complex set of legal actors now seek to influence this development, including securities regulators, bankers, accountants, lawyers, local-level mediators and some of China’s newly rich. Whilst the rising middle class wants to voice its interests and concerns, the CPC strives to maintain its leading role. This book provides a critical appraisal of China’s deepening socialist rule of law and looks ahead to the implications of the domestic reforms for the international legal domain. With contributions from leading Chinese law specialists, it draws on specific illustrations from judicial reform, constitutional law, procedural law, anti-corruption, property law and urban development, socio-economic dispute resolution and Chinese macro-economics. The book questions how China’s domestic law reforms will impact international legal systems, and how international law can be used in managing key regional and bilateral relationships and in dispute resolution, such as in the South China Sea and international trade. Assessing the state and direction of domestic law reform and including debates around the legal implications of some of China’s most pressing foreign policy challenges today, this volume will be of huge interest to students, scholars and practitioners with an interest in Asia law, Chinese law, international law, comparative law and law reform.

Author : John Gillespie,Albert H.Y. Chen
Publisher : Routledge
Page : 436 pages
File Size : 43,6 Mb
Release : 2010-09-13
Category : Law
ISBN : 9781136978425

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Legal Reforms in China and Vietnam by John Gillespie,Albert H.Y. Chen Pdf

Although the adoption of market reforms has been a key factor leading to China’s recent economic growth, China continues to be governed by a communist party and has a socialist-influenced legal system. Vietnam, starting later, also with a socialist-influenced legal system, has followed a similar reform path, and other countries too are now looking towards China and Vietnam as models for development. This book provides a comprehensive, comparative assessment of legal developments in China and Vietnam, examining similarities and differences, and raising important questions such as: Is there a distinctive Chinese model, and/or a more general East Asian Model? If so, can it be flexibly applied to social and economic conditions in different countries? If it cannot be applied to a culturally and politically similar country like Vietnam, is the model transportable elsewhere in the world? Combining ‘micro’ or interpretive methods with ‘macro’ or structural traditions, the book provides a nuanced account of legal reforms in China and Vietnam, highlighting the factors likely to promote, change or resist the spread of the Chinese model.

Author : Jomo Kwame Sundaram,Anis Chowdhury
Publisher : A&C Black
Page : 207 pages
File Size : 47,6 Mb
Release : 2012-10-02
Category : Political Science
ISBN : 9781780932224

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Is Good Governance Good for Development? by Jomo Kwame Sundaram,Anis Chowdhury Pdf

Governance, Development and Growth critically evaluates conventional ideas about governance and development , highlighting that while good governance is a worthy goal by itself, it is not a prerequisite for economic growth or development as the donor community commonly believes.

Author : Melissa Crouch,Tim Lindsey
Publisher : Bloomsbury Publishing
Page : 376 pages
File Size : 41,8 Mb
Release : 2014-10-23
Category : Law
ISBN : 9781782254768

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Law, Society and Transition in Myanmar by Melissa Crouch,Tim Lindsey Pdf

This edited volume addresses the dynamics of the legal system of Myanmar/Burma in the context of the dramatic but incomplete transition to democracy that formally began in 2011. It includes contributions from leading scholars in the field on a range of key legal issues now facing Myanmar, such as judicial independence, constitutional law, human rights and institutional reform. It features chapters on the legal history of Myanmar; electoral reform; the role of the judiciary; economic reforms; and the state of company law. It also includes chapters that draw on the experiences of other countries to contextualise Myanmar's transition to democracy in a comparative setting, including Myanmar's participation in regional bodies such as ASEAN. This topical book comes at a critical juncture in Myanmar's legal development and will be an invaluable resource for students and teachers seeking greater understanding of the legal system of Myanmar. It will also be vital reading for a wide range of government, business and civil society organisations seeking to re-engage with Myanmar, as it navigates a difficult transition toward democracy and the rule of law.

Author : Michel Rosenfeld,András Sajó
Publisher : OUP Oxford
Page : 1417 pages
File Size : 48,6 Mb
Release : 2012-05-17
Category : Law
ISBN : 9780191640179

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The Oxford Handbook of Comparative Constitutional Law by Michel Rosenfeld,András Sajó Pdf

The field of comparative constitutional law has grown immensely over the past couple of decades. Once a minor and obscure adjunct to the field of domestic constitutional law, comparative constitutional law has now moved front and centre. Driven by the global spread of democratic government and the expansion of international human rights law, the prominence and visibility of the field, among judges, politicians, and scholars has grown exponentially. Even in the United States, where domestic constitutional exclusivism has traditionally held a firm grip, use of comparative constitutional materials has become the subject of a lively and much publicized controversy among various justices of the U.S. Supreme Court. The trend towards harmonization and international borrowing has been controversial. Whereas it seems fair to assume that there ought to be great convergence among industrialized democracies over the uses and functions of commercial contracts, that seems far from the case in constitutional law. Can a parliamentary democracy be compared to a presidential one? A federal republic to a unitary one? Moreover, what about differences in ideology or national identity? Can constitutional rights deployed in a libertarian context be profitably compared to those at work in a social welfare context? Is it perilous to compare minority rights in a multi-ethnic state to those in its ethnically homogeneous counterparts? These controversies form the background to the field of comparative constitutional law, challenging not only legal scholars, but also those in other fields, such as philosophy and political theory. Providing the first single-volume, comprehensive reference resource, the 'Oxford Handbook of Comparative Constitutional Law' will be an essential road map to the field for all those working within it, or encountering it for the first time. Leading experts in the field examine the history and methodology of the discipline, the central concepts of constitutional law, constitutional processes, and institutions - from legislative reform to judicial interpretation, rights, and emerging trends.

Author : Jean Michaud,Tim Forsyth
Publisher : UBC Press
Page : 259 pages
File Size : 48,9 Mb
Release : 2011-01-01
Category : History
ISBN : 9780774859707

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Moving Mountains by Jean Michaud,Tim Forsyth Pdf

The mountainous borderlands of socialist China, Vietnam, and Laos are home to some seventy million minority people of diverse ethnicities. In Moving Mountains, anthropologists, geographers, and political economists with first-hand experience in the region explore these peoples' survival strategies, as they respond to unprecedented economic and political change. Although highland peoples are typically represented as marginalized and powerless, this volume argues that ethnic minorities draw on culture and ethnicity to indigenize modernity and maintain their livelihoods. This unprecedented glimpse into a poorly understood region shows that development initiatives must be built on strong knowledge of local cultures in order to have lasting effect.

Author : Andrew Harding,Penelope Nicholson
Publisher : Routledge
Page : 448 pages
File Size : 53,9 Mb
Release : 2010-01-21
Category : Law
ISBN : 9781135182717

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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.

Author : Timothy Lindsey
Publisher : Taylor & Francis
Page : 449 pages
File Size : 49,8 Mb
Release : 2007
Category : Law reform
ISBN : 9780415378598

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Law Reform in Developing and Transitional States by Timothy Lindsey Pdf

This informative book examines examples of law reform projects in post-socialist and post-authoritarian states in Asia, identifies common problems, and proposes analytical frameworks for understanding them.

Author : Jiaxiang Hu,Andrew J. Harding,Maartje de Visser
Publisher : BRILL
Page : 374 pages
File Size : 50,5 Mb
Release : 2017-11-27
Category : Business & Economics
ISBN : 9789004349698

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Legal Education in Asia by Jiaxiang Hu,Andrew J. Harding,Maartje de Visser Pdf

Legal Education in Asia: From Imitation to Innovation is a curated collection of case studies that critically examine how conventional "transplanted" approaches to legal education are, or are on the cusp of being, redesigned across East Asia.

Author : David W.P. Elliott
Publisher : Oxford University Press
Page : 432 pages
File Size : 49,6 Mb
Release : 2012-09-03
Category : Political Science
ISBN : 9780199996087

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Changing Worlds by David W.P. Elliott Pdf

Throughout the entire Cold War era, Vietnam served as a grim symbol of the ideological polarity that permeated international politics. But when the Cold War ended in 1989, Vietnam faced the difficult task of adjusting to a new world without the benefactors it had come to rely on. In Changing Worlds, David W. P. Elliott, who has spent the past half century studying modern Vietnam, chronicles the evolution of the Vietnamese state from the end of the Cold War to the present. When the communist regimes of Eastern Europe collapsed, so did Vietnam's model for analyzing and engaging with the outside world. Fearing that committing fully to globalization would lead to the collapse of its own system, the Vietnamese political elite at first resisted extensive engagement with the larger international community. Over the next decade, though, China's rapid economic growth and the success of the Asian "tiger economies," along with a complex realignment of regional and global international relations reshaped Vietnamese leaders' views. In 1995 Vietnam joined the Association of Southeast Asian Nations (ASEAN), its former adversary, and completed the normalization of relations with the United States. By 2000, Vietnam had "taken the plunge" and opted for greater participation in the global economic system. Vietnam finally joined the World Trade Organization in 2006. Elliott contends that Vietnam's political elite ultimately concluded that if the conservatives who opposed opening up to the outside world had triumphed, Vietnam would have been condemned to a permanent state of underdevelopment. Partial reform starting in the mid-1980s produced some success, but eventually the reformers' argument that Vietnam's economic potential could not be fully exploited in a highly competitive world unless it opted for deep integration into the rapidly globalizing world economy prevailed. Remarkably, deep integration occurred without Vietnam losing its unique political identity. It remains an authoritarian state, but offers far more breathing space to its citizens than in the pre-reform era. Far from being absorbed into a Western-inspired development model, globalization has reinforced Vietnam's distinctive identity rather than eradicating it. The market economy led to a revival of localism and familism which has challenged the capacity of the state to impose its preferences and maintain the wartime narrative of monolithic unity. Although it would be premature to talk of a genuine civil society, today's Vietnam is an increasingly pluralistic community. Drawing from a vast body of Vietnamese language sources, Changing Worlds is the definitive account of how this highly vulnerable Communist state remade itself amidst the challenges of the post-Cold War era.