Comparative Studies On The Judicial Review System In East And Southeast Asia

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Comparative Studies on the Judicial Review System in East and Southeast Asia

Yong Zhang
Comparative Studies on the Judicial Review System in East and Southeast Asia Book PDF

Author : Yong Zhang
Publisher : Martinus Nijhoff Publishers
Page : 345 pages
File Size : 41,8 Mb
Release : 2023-09-29
Category : Law
ISBN : 9789004636422

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Comparative Studies on the Judicial Review System in East and Southeast Asia by Yong Zhang Pdf

This book presents a unique perspective on the development and status quo of judicial review in East and Southeast Asia. In particular, it answers the questions of whether the system of judicial review of administrative action functions in East and Southeast Asian countries in the same way as in Western countries, and whether this system functions in the same way in countries that adopt the principle of concentration of powers and the principle of separation of powers. Together with papers on judicial review in the Netherlands and Germany, and references to English law, the legal systems discussed constitute a heterogeneous group of developed and developing economies, continental and Anglo-Saxon systems of law and capitalist and socialist legal orders. The research and comparisons presented here form an invaluable resource for any scholar and lawyer interested in contemporary Asian law, or in the many facets of comparative administrative law.

Comparative Studies on the Judicial Review System in East and Southeast Asia

International Institute for Asian Studies
Comparative Studies on the Judicial Review System in East and Southeast Asia Book PDF

Author : International Institute for Asian Studies
Publisher : Springer
Page : 360 pages
File Size : 49,9 Mb
Release : 1997
Category : Law
ISBN : UOM:39015041002364

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Comparative Studies on the Judicial Review System in East and Southeast Asia by International Institute for Asian Studies Pdf

Papers mainly prepared for a conference on "Comparative studies on judicial review in East and Southeast Asia", held in Leiden, the Netherlands, on 31 August and 1 September 1995. Focus on the theoretical and practical problems associated with the judicial review of administrative actions.

Comparative Studies on Governmental Liability in East and Southeast Asia

Yong Zhang
Comparative Studies on Governmental Liability in East and Southeast Asia Book PDF

Author : Yong Zhang
Publisher : Martinus Nijhoff Publishers
Page : 276 pages
File Size : 45,8 Mb
Release : 1999-01-28
Category : Law
ISBN : 9041110747

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Comparative Studies on Governmental Liability in East and Southeast Asia by Yong Zhang Pdf

This book is the second volume of a planned trilogy on legal protection of citizens' rights against the state in East and Southeast Asia. The first volume was published in 1997, under the title of "Comparative Studies on the Judicial Review System in East and" "Southeast Asia." The third book will deal with the subject of due process of law with respect to administrative decision-making in these areas. This second volume examines the historical development and present function of governmental liability in Japan, China, Korea, Taiwan, Malaysia and Indonesia. Both theoretical and practical problems of governmental liability are analyzed through comparative perspectives. As German and Dutch law have a strong influence in East and Southeast Asian countries, the governmental liability system in these two countries is also discussed. During the process of modernizing the economy and legal systems, especially with the globalization of the economy and the internationalization of Western law, it is inevitable for countries in East and Southeast Asia to introduce a governmental compensation system. However, because of a lack of experience of civil society and the tradition of the rule of law, of shortage of finance, and of different viewpoints on human rights, the introduced and planned governmental compensation systems in East and Southeast Asia could not be expected to function in the same way as those in Western countries. This book is based on the assumption that it is better to prevent damage from happening than compensating for it with money.

Constitutional Courts in Asia

Albert H. Y. Chen,Hongyi Chen,Andrew Harding
Constitutional Courts in Asia Book PDF

Author : Albert H. Y. Chen,Hongyi Chen,Andrew Harding
Publisher : Cambridge University Press
Page : 407 pages
File Size : 54,8 Mb
Release : 2018-09-20
Category : Law
ISBN : 9781107195080

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Constitutional Courts in Asia by Albert H. Y. Chen,Hongyi Chen,Andrew Harding Pdf

A comparative, systematic and critical analysis of constitutional courts and constitutional review in Asia.

Comparative Studies on Governmental Liability in East and Southeast Asia

Yong Zhang
Comparative Studies on Governmental Liability in East and Southeast Asia Book PDF

Author : Yong Zhang
Publisher : Martinus Nijhoff Publishers
Page : 272 pages
File Size : 53,9 Mb
Release : 2023-09-20
Category : Law
ISBN : 9789004632912

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Comparative Studies on Governmental Liability in East and Southeast Asia by Yong Zhang Pdf

This book is the second volume of a planned trilogy on legal protection of citizens' rights against the state in East and Southeast Asia. The first volume was published in 1997, under the title of Comparative Studies on the Judicial Review System in East and Southeast Asia. The third book will deal with the subject of due process of law with respect to administrative decision-making in these areas. This second volume examines the historical development and present function of governmental liability in Japan, China, Korea, Taiwan, Malaysia and Indonesia. Both theoretical and practical problems of governmental liability are analyzed through comparative perspectives. As German and Dutch law have a strong influence in East and Southeast Asian countries, the governmental liability system in these two countries is also discussed. During the process of modernizing the economy and legal systems, especially with the globalization of the economy and the internationalization of Western law, it is inevitable for countries in East and Southeast Asia to introduce a governmental compensation system. However, because of a lack of experience of civil society and the tradition of the rule of law, of shortage of finance, and of different viewpoints on human rights, the introduced and planned governmental compensation systems in East and Southeast Asia could not be expected to function in the same way as those in Western countries. This book is based on the assumption that it is better to prevent damage from happening than compensating for it with money.

Administrative Courts in Indonesia

Adiaan Bedner
Administrative Courts in Indonesia Book PDF

Author : Adiaan Bedner
Publisher : BRILL
Page : 315 pages
File Size : 41,5 Mb
Release : 2021-09-06
Category : Law
ISBN : 9789004481992

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Administrative Courts in Indonesia by Adiaan Bedner Pdf

In 1991 Indonesia introduced a system of administrative courts that was to contribute to establishing the rule of law in Indonesia and to provide recourse for citizens against unlawful administrative behaviour. This book evaluates the performance of the administrative court system. It explains why the courts were established in spite of the Indonesian state's authoritarian nature, and why and to what extent the system is a Dutch legal transplant. It analyses the jurisdictionary powers of the courts and how the courts have used them. It then proceeds to explain the unbalanced nature of the record presented, by analysing factors inside and outside the administrative court organisation which influence its performance. These include budgetary deficits, lack of training opportunities, career manipulation, corruption, lack of government support, and many other non-legal issues. Finally, the author provides a number of recommendations for change, many of which may also be of use to other developing countries.

Comparative Politics of Southeast Asia

Aurel Croissant,Philip Lorenz
Comparative Politics of Southeast Asia Book PDF

Author : Aurel Croissant,Philip Lorenz
Publisher : Springer
Page : 442 pages
File Size : 47,9 Mb
Release : 2017-12-26
Category : Political Science
ISBN : 9783319681825

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Comparative Politics of Southeast Asia by Aurel Croissant,Philip Lorenz Pdf

This textbook provides a comprehensive introduction to the political systems of all ASEAN countries and Timor-Leste from a comparative perspective. It investigates the political institutions, actors and processes in eleven states, covering democracies as well as autocratic regimes. Each country study includes an analysis of the current system of governance, the party and electoral system, and an assessment of the state, its legal system and administrative bodies. Students of political science and regional studies will also learn about processes of democratic transition and autocratic persistence, as well as how civil society and the media influence the political culture in each country.

Changing Tax Law in East and Southeast Asia Towards the 21st Century

Yong Zhang,Toshiro Fuke
Changing Tax Law in East and Southeast Asia Towards the 21st Century Book PDF

Author : Yong Zhang,Toshiro Fuke
Publisher : BRILL
Page : 321 pages
File Size : 43,9 Mb
Release : 2024-01-15
Category : Law
ISBN : 9789004636439

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Changing Tax Law in East and Southeast Asia Towards the 21st Century by Yong Zhang,Toshiro Fuke Pdf

Ten specialists in the fields of tax law and public finance from Japan, the Netherlands, China, South Korea, Taiwan, Indonesia, and Vietnam recently gathered in Leiden, the Netherlands to present papers and give lectures on tax law in those countries for the symposium `Tax Law in East and Southeast Asia Towards the 21st Century.' The meeting fostered the exchange of information on recent reforms of tax systems, with participants examining both differences and similarities and discussing further planned or necessary reforms for each country in East and Southeast Asia on the threshold of the 21st century. The papers collected in this volume were originally prepared for the conference. After the conference, contributors revised their papers on the basis of the discussions conducted. Giving due consideration to the comparison of tax systems in these areas, these revised papers emphasise themes such as tax structure, especially that of direct and indirect taxes; intergovernmental fiscal relationships; and recent reforms to and problems of tax systems. The result: an extremely useful and informative work which covers ground rarely covered before. Legal and other tax practitioners as well as academics will find this volume of great value.

New Courts in Asia

Andrew Harding,Penelope Nicholson
New Courts in Asia Book PDF

Author : Andrew Harding,Penelope Nicholson
Publisher : Routledge
Page : 448 pages
File Size : 55,9 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.

Europeanization of Judicial Review

Nicola Ch. Corkin
Europeanization of Judicial Review Book PDF

Author : Nicola Ch. Corkin
Publisher : Routledge
Page : 225 pages
File Size : 43,8 Mb
Release : 2014-11-13
Category : Political Science
ISBN : 9781134680498

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Europeanization of Judicial Review by Nicola Ch. Corkin Pdf

Europeanization of Judicial Review argues that the higher complexity of the political framework in which laws are made today leads to less well-designed laws and loop-holes, allowing politicians to leave decisions to the courts. The higher complexity of the political framework is a result of the need in the EU to consider both national and European legal and political rules when phrasing new laws. Both to decrease the complexity in the design of legislation and to preserve the ideal of the rule of law, the courts now are more likely to rule laws unconstitutional. The book employs a wide range of quantitative and qualitative methods to collect new data about the German, Austrian, and Italian constitutional courts over the last four decades. These three courts have a comparable history, theoretical background, and structure while differing in two key components: length of EU membership and legitimacy perception. Corkin employs multi-method research based on over fifty interviews with judges, politicians and civil servants; content analysis of abstract judicial review cases over three decades; and a database of over 300 variables relating to the courts and their surroundings. Her data reveals that in abstract judicial review, and in the wider political arena, political culture has become more confrontational due to attitude changes in politicians and judges. These attitude changes can be directly linked to the EU and have wide-ranging implications for legitimacy, democracy and political methodology. Presenting a bridge between the revitalized realist and legalist debate, Europeanization of Judicial Review will contribute to socio-legal theory, literature on comparative courts, and both new institutionalism and Europeanization theory.

Chinese Yearbook of Human Rights, Volume 4 (2006)

Sun Shiyan,Bi Xiaoqing
Chinese Yearbook of Human Rights Volume 4 2006 Book PDF

Author : Sun Shiyan,Bi Xiaoqing
Publisher : BRILL
Page : 370 pages
File Size : 53,5 Mb
Release : 2023-12-14
Category : Law
ISBN : 9789047432883

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Chinese Yearbook of Human Rights, Volume 4 (2006) by Sun Shiyan,Bi Xiaoqing Pdf

The Chinese Yearbook of Human Rights is co-sponsored by the United Nations Office of the High Commissioner for Human Rights, the Raoul Wallenberg Institute of Human Rights and Humanitarian Law, and three institutes under the Chinese Academy of Social Sciences – the Institute of Law, the Centre for Human Rights Studies and the Centre for International Law Studies. The purpose of the Chinese Yearbook of Human Rights is to create a forum for the academic exchange between China and the international community in the field of human rights. Accordingly, the Yearbook will aim to publish high quality academic articles written by scholars from both China and other countries on human rights issues from perspectives of law, philosophy, political science, history, and international relations.

The Oxford Handbook of Comparative Administrative Law

Peter Cane,Herwig C H Hofmann,Eric C Ip,Peter L Lindseth
The Oxford Handbook of Comparative Administrative Law Book PDF

Author : Peter Cane,Herwig C H Hofmann,Eric C Ip,Peter L Lindseth
Publisher : Oxford University Press
Page : 1000 pages
File Size : 52,6 Mb
Release : 2020-12-17
Category : Law
ISBN : 9780192560100

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The Oxford Handbook of Comparative Administrative Law by Peter Cane,Herwig C H Hofmann,Eric C Ip,Peter L Lindseth Pdf

The comparative study of administrative law has a long history dating back more than 200 years. It has enjoyed a renaissance in the past 15 years or so and now sits alongside fields such as comparative constitutional law and global administrative law as a well-established area of scholarly research. This book is the first to provide a broad and systematic view of the subject both in terms of the topics covered and the legal traditions surveyed. In its various parts it surveys the historical beginnings of comparative administrative law scholarship, discusses important methodological issues, examines the relationship between administrative law and regime type, analyses basic concepts such as 'administrative power' and 'accountability', and deals with the creation, functions, and control of administrative power, and values of administration. The final part looks to the future of this young sub-discipline. In this volume, distinguished experts and leaders in the field discuss a wide range of issues in administrative law from a comparative perspective. Administrative law is concerned with the conferral, nature, exercise, and legal control of administrative (or 'executive') governmental power. It has close links with other areas of 'public law', notably constitutional law and international law. It is of great interest and importance not only to lawyers but also to students of politics, government, and public policy. Studying public law comparatively helps to identify both similarities and differences between the way government power and its control is managed in different countries and legal traditions.

Yearbook Law & Legal Practice in East Asia, Volume 3 (1997-1998)

Annie J De Roo,Robert W Jagtenberg
Yearbook Law Legal Practice in East Asia Volume 3 1997 1998 Book PDF

Author : Annie J De Roo,Robert W Jagtenberg
Publisher : Martinus Nijhoff Publishers
Page : 229 pages
File Size : 47,5 Mb
Release : 2023-09-20
Category : Law
ISBN : 9789004635739

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Yearbook Law & Legal Practice in East Asia, Volume 3 (1997-1998) by Annie J De Roo,Robert W Jagtenberg Pdf

This is the third volume in the series Yearbook Law & Legal Practice in East Asia, which addresses the legal systems of this important region and provides an insight into some of the most topical issues in East Asian law and practice. The overall focus of the series is on the legal aspects of doing business in East Asia, although legal issues of a more general nature may also be included where these are relevant for a better understanding of the particular legal culture concerned. The majority of the contributions to this major work comes from legal practitioners and scholars specialising in East Asian business law.

New Developments in Asian Studies

Van
New Developments in Asian Studies Book PDF

Author : Van
Publisher : Routledge
Page : 385 pages
File Size : 47,9 Mb
Release : 2013-01-11
Category : Education
ISBN : 9781136174704

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New Developments in Asian Studies by Van Pdf

First published in 1998. Routledge is an imprint of Taylor & Francis, an informa company.

The Oxford Handbook of Comparative Law

Mathias Reimann,Reinhard Zimmermann
The Oxford Handbook of Comparative Law Book PDF

Author : Mathias Reimann,Reinhard Zimmermann
Publisher : Oxford University Press
Page : 1536 pages
File Size : 42,5 Mb
Release : 2019-03-26
Category : Law
ISBN : 9780192565518

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The Oxford Handbook of Comparative Law by Mathias Reimann,Reinhard Zimmermann Pdf

This fully revised and updated second edition of The Oxford Handbook of Comparative Law provides a wide-ranging and diverse critical survey of comparative law at the beginning of the twenty-first century. It summarizes and evaluates a discipline that is time-honoured but not easily understood in all its dimensions. In the current era of globalization, this discipline is more relevant than ever, both on the academic and on the practical level. The Handbook is divided into three main sections. Section I surveys how comparative law has developed and where it stands today in various parts of the world. This includes not only traditional model jurisdictions, such as France, Germany, and the United States, but also other regions like Eastern Europe, East Asia, and Latin America. Section II then discusses the major approaches to comparative law - its methods, goals, and its relationship with other fields, such as legal history, economics, and linguistics. Finally, section III deals with the status of comparative studies in over a dozen subject matter areas, including the major categories of private, economic, public, and criminal law. The Handbook contains forty-eight chapters written by experts from around the world. The aim of each chapter is to provide an accessible, original, and critical account of the current state of comparative law in its respective area which will help to shape the agenda in the years to come. Each chapter also includes a short bibliography referencing the definitive works in the field.