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Author : Albert H. Y. Chen,Hongyi Chen,Andrew Harding
Publisher : Cambridge University Press
Page : 407 pages
File Size : 55,5 Mb
Release : 2018-09-20
Category : Law
ISBN : 9781107195080
A comparative, systematic and critical analysis of constitutional courts and constitutional review in Asia.
Author : Andrew Harding,Penelope Nicholson
Publisher : Routledge
Page : 448 pages
File Size : 51,7 Mb
Release : 2010-01-21
Category : Law
ISBN : 9781135182717
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 : Jiunn-rong Yeh,Wen-Chen Chang
Publisher : Cambridge University Press
Page : 633 pages
File Size : 54,6 Mb
Release : 2014-12-11
Category : Law
ISBN : 9781107066083
Analyzes courts in fourteen selected Asian jurisdictions to provide the most up-to-date and comprehensive interdisciplinary book available.
Author : Tom Ginsburg
Publisher : Cambridge University Press
Page : 322 pages
File Size : 41,8 Mb
Release : 2003-07-23
Category : Law
ISBN : 0521520398
New democracies around the world have adopted constitutional courts to oversee the operation of democratic politics. Where does judicial power come from, how does it develop in the early stages of democratic liberalization, and what political conditions support its expansion? This book answers these questions through an examination of three constitutional courts in Asia: Taiwan, Korea, and Mongolia. In a region that has traditionally viewed law as a tool of authoritarian rulers, constitutional courts in these three societies are becoming a real constraint on government. In contrast with conventional culturalist accounts, this book argues that the design and functioning of constitutional review are largely a function of politics and interests. Judicial review - the power of judges to rule an act of a legislature or national leader unconstitutional - is a solution to the problem of uncertainty in constitutional design. By providing insurance to prospective electoral losers, judicial review can facilitate democracy.
Author : Po Jen Yap
Publisher : Cambridge University Press
Page : 251 pages
File Size : 44,7 Mb
Release : 2017-09-28
Category : Law
ISBN : 9781107192621
This book illuminates how law and politics interact in the judicial doctrines and explores how democracy sustains and is sustained by the exercise of judicial power.
Author : Rosalind Dixon,Tim Ginsburg
Publisher : Edward Elgar Publishing
Page : 368 pages
File Size : 43,7 Mb
Release : 2014-02-28
Category : Law
ISBN : 9781781002704
Comparative constitutional law is a field of increasing importance around the world, but much of the literature is focused on Europe, North America, and English-speaking jurisdictions. The importance of Asia for the broader field is demonstrated here i
Author : Björn Dressel
Publisher : Routledge
Page : 258 pages
File Size : 43,6 Mb
Release : 2012
Category : Law
ISBN : 9780415674102
Over the last two decades courts have become major players in the political landscape in Asia. This book assesses what is driving this apparent trend toward judicialization in the region. It looks at the variations within the judicialization trend, and how these variations affect political practice and policy outcomes. The book goes on to examine how this new trend is affecting aspects of the rule of law, democratic governance and state-society relations. It investigates how the experiences in Asia add to the debate on the judicialization of politics globally; in particular how judicial behaviour in Asia differs from that in the West, and the implications of the differences on the theoretical debate.
Author : Hongyi Chen
Publisher : Cambridge University Press
Page : 453 pages
File Size : 50,7 Mb
Release : 2014-04-17
Category : History
ISBN : 9781107043411
A systematic and up-to-date account of constitutional developments in sixteen Asian countries, including analysis from a comparative perspective.
Author : AlbertH.Y. Chen
Publisher : Routledge
Page : 624 pages
File Size : 41,8 Mb
Release : 2017-07-05
Category : Law
ISBN : 9781351552585
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.
Author : Po Jen Yap,Chien-Chih Lin
Publisher : Cambridge University Press
Page : 213 pages
File Size : 50,7 Mb
Release : 2021-11-25
Category : Law
ISBN : 9781108831178
Explains why the constitutional jurisprudence of Hong Kong, Taiwan, and South Korea is converging, and provides analysis of relevant case law.
Author : Yvonne Tew
Publisher : Oxford University Press
Page : 273 pages
File Size : 41,5 Mb
Release : 2021-07-23
Category : Law
ISBN : 9780198716839
Constitutional Statecraft in Asian Courts explores how courts engage in constitutional state-building in aspiring, yet deeply fragile, democracies in Asia. Yvonne Tew offers an in-depth look at contemporary Malaysia and Singapore, explaining how courts protect and construct constitutionalism even as they confront dominant political parties and negotiate democratic transitions. This richly illustrative account offers at once an engaging analysis of Southeast Asia's constitutional context, as well as a broader narrative that should resonate in many countries across Asia that are also grappling with similar challenges of colonial legacies, histories of authoritarian rule, and societies polarized by race, religion, and identity. The book explores the judicial strategies used for statecraft in Asian courts, including an analysis of the specific mechanisms that courts can use to entrench constitutional basic structures and to protect rights in a manner that is purposive and proportionate. Tew's account shows how courts in Asia's emerging democracies can chart a path forward to help safeguard a nation's constitutional core and to build an enduring constitutional framework.
Author : Po Jen Yap
Publisher : Cambridge University Press
Page : 311 pages
File Size : 43,9 Mb
Release : 2020-08-27
Category : Law
ISBN : 9781108495752
Explores how proportionality analysis - a legal transplant from the West - is judicially enforced by courts around Asia.
Author : Tania Groppi,Valeria Piergigli,Angelo Rinella
Publisher : Giuffrè Editore
Page : 391 pages
File Size : 46,7 Mb
Release : 2008
Category : Law
ISBN : 9788814144301
Author : Tom Ginsburg,Rosalind Dixon
Publisher : Edward Elgar Publishing
Page : 681 pages
File Size : 47,5 Mb
Release : 2011-01-01
Category : Law
ISBN : 9780857931214
This landmark volume of specially commissioned, original contributions by top international scholars organizes the issues and controversies of the rich and rapidly maturing field of comparative constitutional law. Divided into sections on constitutional design and redesign, identity, structure, individual rights and state duties, courts and constitutional interpretation, this comprehensive volume covers over 100 countries as well as a range of approaches to the boundaries of constitutional law. While some chapters reference the text of legal instruments expressly labeled constitutional, others focus on the idea of entrenchment or take a more functional approach. Challenging the current boundaries of the field, the contributors offer diverse perspectives - cultural, historical and institutional - as well as suggestions for future research. A unique and enlightening volume, Comparative Constitutional Law is an essential resource for students and scholars of the subject.
Author : Po Jen Yap,Holning Lau
Publisher : Routledge
Page : 176 pages
File Size : 40,7 Mb
Release : 2010-11-01
Category : Law
ISBN : 9781136907197
This edited volume is a timely and insightful contribution to the growing discourses on public law in Asia. Surveying many important jurisdictions in Asia including mainland China, Hong Kong, India, Malaysia, Singapore, South Korea and Taiwan, the book addresses recent developments and experiences in the field of public interest litigation. The book offers a comparative perspective on public law, asking crucial questions about the role of the state and how private citizens around Asia have increasingly used the forms, procedures and substance of public law to advance public and political aims. In addition to addressing specific jurisdictions in Asia, the book includes a helpful and introduction that highlights regional trends in Asia. In the jurisdictions profiled, transnational public interest litigation trends have commingled with local dynamics. This volume sheds light on how that commingling has produced both legal developments that cut across Asian jurisdictions as well as developments that are unique to each of the jurisdictions studied.