New Courts In Asia

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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 : 52,7 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.

Judicial Review in New Democracies

Tom Ginsburg
Judicial Review in New Democracies Book PDF

Author : Tom Ginsburg
Publisher : Cambridge University Press
Page : 322 pages
File Size : 55,6 Mb
Release : 2003-07-23
Category : Law
ISBN : 0521520398

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Judicial Review in New Democracies by Tom Ginsburg Pdf

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.

Asian Courts in Context

Jiunn-rong Yeh,Wen-Chen Chang
Asian Courts in Context Book PDF

Author : Jiunn-rong Yeh,Wen-Chen Chang
Publisher : Cambridge University Press
Page : 633 pages
File Size : 43,7 Mb
Release : 2014-12-11
Category : Law
ISBN : 9781107066083

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Asian Courts in Context by Jiunn-rong Yeh,Wen-Chen Chang Pdf

Analyzes courts in fourteen selected Asian jurisdictions to provide the most up-to-date and comprehensive interdisciplinary book available.

The Judicialization of Politics in Asia

Björn Dressel
The Judicialization of Politics in Asia Book PDF

Author : Björn Dressel
Publisher : Routledge
Page : 258 pages
File Size : 47,5 Mb
Release : 2012
Category : Law
ISBN : 9780415674102

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The Judicialization of Politics in Asia by Björn Dressel Pdf

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.

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 : 43,6 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.

Judicial Review of Elections in Asia

Po Jen Yap
Judicial Review of Elections in Asia Book PDF

Author : Po Jen Yap
Publisher : Routledge
Page : 250 pages
File Size : 47,8 Mb
Release : 2016-04-14
Category : Law
ISBN : 9781317361497

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Judicial Review of Elections in Asia by Po Jen Yap Pdf

In the past century, Asian nations have experienced a wave of democratisation as countries in the region have gained independence or transitioned from authoritarian military rule towards more participatory politics. At the same time, there has been an expansion of judicial power in Asia, whereby new courts or empowered old ones emerge as independent constraints on governmental authority. This is the first book to assess the judicial review of elections in Asia. It provides important insights into how Asian courts can strategically engage with the political actors in their jurisdictions and contribute to a country’s democratic discourse. Each chapter in the book sheds light on the judicial review of elections and the electoral process in a specific Asian jurisdiction, including Common Law Asia, namely Hong Kong, India, Malaysia, and Singapore, as well as jurisdictions in Civil Law Asia, namely Indonesia, Japan, the Republic of Korea, Taiwan, and Thailand. It fills a gap in the literature by addressing a central challenge to democratic governance, namely the problem of partisan self-dealing in the electoral processes. By exploring the constantly evolving role of the courts in addressing pivotal constitutional questions, this book will be of interest to students and scholars of Asian Law, Governance and Politics.

Courts and Democracies in Asia

Po Jen Yap
Courts and Democracies in Asia Book PDF

Author : Po Jen Yap
Publisher : Cambridge University Press
Page : 251 pages
File Size : 43,7 Mb
Release : 2017-09-28
Category : Law
ISBN : 9781107192621

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Courts and Democracies in Asia by Po Jen Yap Pdf

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.

Courts and Politics in Southeast Asia

Bjoern Dressel
Courts and Politics in Southeast Asia Book PDF

Author : Bjoern Dressel
Publisher : Cambridge University Press
Page : 0 pages
File Size : 55,6 Mb
Release : 2024-04-30
Category : Political Science
ISBN : 1108725791

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Courts and Politics in Southeast Asia by Bjoern Dressel Pdf

Courts around the globe have become central players in governance, those in Southeast Asia have been no exception. This Element analyses the historical foundations, patterns, and drivers of judicialization of politics by mapping critical junctures that have shaped the emergence of modern courts in the region and providing a basic typology of courts and politics that extends the analysis to the contemporary situation. It also offers a new relational theory that helps explain the dynamics of judicial recruitment, decision-making, court performance-and ultimately perceptions of judicial legitimacy. In a region where power is often concentrated among oligarchs and clientelist political dynamics persist, it posits that courts are best comprehended as institutional hybrids. These hybrids seamlessly blend formal and informal practices, with profound implications for how Southeast Asian courts are molding both the rule of law and political governance.

New Courts in Asia

Andrew Harding,Penelope Nicholson
New Courts in Asia Book PDF

Author : Andrew Harding,Penelope Nicholson
Publisher : Routledge
Page : 444 pages
File Size : 49,8 Mb
Release : 2010-01-21
Category : Law
ISBN : 9781135182724

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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.

Constitutional Courts in Asia

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

Author : Albert H. Y. Chen,Andrew Harding
Publisher : Cambridge University Press
Page : 0 pages
File Size : 54,7 Mb
Release : 2019-10-31
Category : Law
ISBN : 1316646661

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

The founding of a constitutional court is often an indication of a chosen path of constitutionalism and democracy. It is no coincidence that most of the constitutional courts in East and Southeast Asia were established at the same time as the transition of the countries concerned from authoritarianism to liberal constitutional democracy. This book is the first to provide systematic narratives and analysis of Asian experiences of constitutional courts and related developments, and to introduce comparative, historical and theoretical perspectives on these experiences, as well as debates on the relevant issues in countries that do not as yet have constitutional courts. This volume makes a significant contribution to the systematic and comparative study of constitutional courts, constitutional adjudication and constitutional developments in East and Southeast Asia and beyond.

New Frontiers in Asia-Pacific International Arbitration and Dispute Resolution

Shahla Ali,Bruno Jetin,Luke Nottage,Nobumichi Teramura
New Frontiers in Asia Pacific International Arbitration and Dispute Resolution Book PDF

Author : Shahla Ali,Bruno Jetin,Luke Nottage,Nobumichi Teramura
Publisher : Kluwer Law International B.V.
Page : 313 pages
File Size : 42,8 Mb
Release : 2020-12-10
Category : Law
ISBN : 9789403528632

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New Frontiers in Asia-Pacific International Arbitration and Dispute Resolution by Shahla Ali,Bruno Jetin,Luke Nottage,Nobumichi Teramura Pdf

International Arbitration Law Library Volume 59 The eastward shift in international dispute resolution has already involved initiatives not only to improve support for international commercial arbitration (ICA) and investor-state dispute settlement (ISDS) but also to develop alternatives such as international commercial courts and mediation. Focusing on these initiatives and their accompanying case law and trends in the Asia-Pacific region, this invaluable book challenges existing procedures and frameworks for cross-border dispute resolution in both commercial and treaty arbitration. Specially assembled for this project, an outstanding team of experienced and insightful arbitrators and scholars describes pertinent developments including: ICA and ISDS in the context of China’s Belt and Road Initiative; the Singapore Convention on Mediation; the shift to virtual hearings and other challenges from the COVID-19 pandemic; mistrust of the application of the rule of law in certain East Asian jurisdictions; growing public concern over ISDS arbitration; tensions between confidentiality and transparency; and potential regional harmonisation of the public policy exception to arbitral enforcement. The contributors chart evolving practices and high-profile cases to make informed observations about where changes are needed, as well as educated guesses about the chances of reforms being successful and the consequences if they are not. The main jurisdictions covered are China, Hong Kong, Japan, Malaysia, India, Australia and Singapore. The first in-depth study of recent trends in dispute resolution practice related to business in the Asia-Pacific region, the book’s practical analysis of new resources for dealing with the increasing competition among countries to become credible regional dispute resolution hubs will prove to be of great value to specialists in the international business law sector. Lawyers will be enabled to make informed decisions on which venue and dispute resolution methods are the most suitable for any specific dispute in the region, and policymakers will confidently assess emerging trends in international dispute resolution policy development and treaty-making.

Constitutional Statecraft in Asian Courts

Yvonne Tew
Constitutional Statecraft in Asian Courts Book PDF

Author : Yvonne Tew
Publisher : Oxford University Press
Page : 273 pages
File Size : 50,6 Mb
Release : 2021-07-23
Category : Law
ISBN : 9780198716839

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Constitutional Statecraft in Asian Courts by Yvonne Tew Pdf

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.

The Courts

Ian Greene
The Courts Book PDF

Author : Ian Greene
Publisher : UBC Press
Page : 202 pages
File Size : 46,5 Mb
Release : 2011-11-01
Category : Law
ISBN : 9780774841191

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The Courts by Ian Greene Pdf

Ian Greene offers an insider's perspective on the role of judges, lawyers, and expert witnesses; the cost of litigation; the representativeness of juries; legal aid issues; and questions of jury reform. He also examines judicial activism in the wider context of public participation in courts administration and judicial selection and of how responsive the courts are to the expectations of Canadian citizens. The Courts moves its examination of the judicial system beyond the well-trodden topics of judicial appointment, discipline, independence, and review to consider the ways in which courts affect daily life in terms of democratic principles. Although courts are often viewed as elitist and unaccountable, they are more valuable aspect of democratic practice than most citizens realize.

Women and the Judiciary in the Asia-Pacific

Melissa Crouch
Women and the Judiciary in the Asia Pacific Book PDF

Author : Melissa Crouch
Publisher : Cambridge University Press
Page : 341 pages
File Size : 43,7 Mb
Release : 2021-10-07
Category : Law
ISBN : 9781316518328

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Women and the Judiciary in the Asia-Pacific by Melissa Crouch Pdf

First comparative study of women judges in the Asia-Pacific based on empirical socio-legal research.

Comparative Constitutional Law

Tom Ginsburg,Rosalind Dixon
Comparative Constitutional Law Book PDF

Author : Tom Ginsburg,Rosalind Dixon
Publisher : Edward Elgar Publishing
Page : 681 pages
File Size : 55,6 Mb
Release : 2011-01-01
Category : Law
ISBN : 9780857931214

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Comparative Constitutional Law by Tom Ginsburg,Rosalind Dixon Pdf

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.