Asian Discourses of Rule of Law

Author: Randall P. Peerenboom
Publisher: Psychology Press
ISBN: 9780415326124
Format: PDF
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Rule of law is one of the pillars of the modern world, and widely considered necessary for sustained economic development, the implementation of democracy and the protection of human rights. It has however emerged in Western liberal democracies, and some people question how far it is likely to take root fully in the different cultural, economic and political context of Asia. This book considers how rule of law is viewed and implemented in Asia. Chapters on France and the USA provide a benchmark on how the concept has evolved, is applied and is implemented in a civil law and a common law jurisdiction. These are then followed by twelve chapters on the major countries of East Asia, and India, which consider all the key aspects of this important issue.

Routledge Handbook of Asian Law

Author: Christoph Antons
Publisher: Routledge
ISBN: 1317337395
Format: PDF, ePub, Docs
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The Routledge Handbook of Asian Law is a cutting-edge and comprehensive resource which surveys the interdisciplinary field of Asian Law. Written by an international team of experts, the chapters within cover issues as diverse as family law and Islamic courts, decentralisation and the revival of traditional forms of law, discourses on the rule of law, human rights, corporate governance and environmental protection The volume is divided into five parts covering: Asia in Law, and the Humanities and Social Sciences; The Political Economy of Law in Asia - Law in the Context of Asian Development;? Asian traditions and their transformations; Law, the environment, and access to land and natural resources; People in Asia and their rights. Offering an overview of the full spectrum of Law in Asia, the Handbook is an invaluable resource for academics, researchers, lawyers, graduate and undergraduate students studying this ever-evolving field.

Judicial Review of Elections in Asia

Author: Po Jen Yap
Publisher: Routledge
ISBN: 1317361490
Format: PDF, ePub, Docs
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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.

Civil Unrest and Governance in Hong Kong

Author: Michael H.K. Ng
Publisher: Taylor & Francis
ISBN: 1134987447
Format: PDF, Docs
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This book examines important social movements in Hong Kong from the perspectives of historical and cultural studies. Conventionally regarded as one of the most politically stable cities in Asia, Hong Kong has yet witnessed many demonstrations and struggles against the colonial and post-colonial governments during the past one hundred years. Many of these movements were brought about in the name of justice and unfolded against the context of global unrest. Focusing on the local developments yet mindful of the international backdrop, this volume explores the imaginaries of law and order that these movements engendered, revealing a complex interplay among evolving notions of justice, governance, law and order and cultural creations throughout the under-explored history of instability in Hong Kong. Underscoring the apparently contrasting discourses on the relationship among the rule of law, law and order and social movements in Hong Kong, the contributors emphasise the need to re-examine the conventional juxtaposition of the law and civil unrest. Readers who have an interest in Asian studies, socio-political studies, legal studies, cultural studies and history would welcome this volume of unique interdisciplinarity.

Routledge Handbook of Asian Law

Author: Christoph Antons
Publisher: Routledge
ISBN: 1317337395
Format: PDF, ePub
Download Now
The Routledge Handbook of Asian Law is a cutting-edge and comprehensive resource which surveys the interdisciplinary field of Asian Law. Written by an international team of experts, the chapters within cover issues as diverse as family law and Islamic courts, decentralisation and the revival of traditional forms of law, discourses on the rule of law, human rights, corporate governance and environmental protection The volume is divided into five parts covering: Asia in Law, and the Humanities and Social Sciences; The Political Economy of Law in Asia - Law in the Context of Asian Development;? Asian traditions and their transformations; Law, the environment, and access to land and natural resources; People in Asia and their rights. Offering an overview of the full spectrum of Law in Asia, the Handbook is an invaluable resource for academics, researchers, lawyers, graduate and undergraduate students studying this ever-evolving field.

Legal Education in Asia

Author: Stacey Steele
Publisher: Routledge
ISBN: 113518237X
Format: PDF, Docs
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This book is a critique of the rapidly changing nature of legal education in major Asian jurisdictions as diverse as Afghanistan, Australia, Cambodia, China, Hong Kong, Indonesia, Japan, Korea, Singapore, Taiwan and Vietnam. It provides cross-country comparative material, including western legal education systems, and particularly detailed coverage of Japan.

Administrative Law and Governance in Asia

Author: Tom Ginsburg
Publisher: Routledge
ISBN: 1135970645
Format: PDF, Mobi
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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.

Legal Reforms in China and Vietnam

Author: John Gillespie
Publisher: Routledge
ISBN: 1136978437
Format: PDF, ePub
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This book provides a comprehensive, comparative assessment of legal developments in China and Vietnam, examining similarities and differences, and highlighting the factors likely to promote, change or resist the spread of the Chinese model.

Juries in the Japanese Legal System

Author: Dimitri Vanoverbeke
Publisher: Routledge
ISBN: 1317487338
Format: PDF, Mobi
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Trial by jury is not a fundamental part of the Japanese legal system, but there has been a recent important move towards this with the introduction in 2009 of the lay assessor system whereby lay people sit with judges in criminal trials. This book considers the debates in Japan which surround this development. It examines the political and socio-legal contexts, contrasting the view that the participation of ordinary citizens in criminal trials is an important manifestation of democracy, with the view that Japan as a society where authority is highly venerated is not natural territory for a system where lay people are likely to express views at odds with expert judges. It discusses Japan’s earlier experiments with jury trials in the late 19th Century, the period 1923-43, and up to 1970 in US-controlled Okinawa, compares developing views in Japan on this issue with views in other countries, where dissatisfaction with the jury system is often evident, and concludes by assessing how the new system in Japan is working out and how it is likely to develop.

Confucian Constitutionalism in East Asia

Author: Bui Ngoc Son
Publisher: Routledge
ISBN: 1317529057
Format: PDF, Mobi
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Western liberal constitutionalism has expanded recently, with, in East Asia, the constitutional systems of Japan, South Korea and Taiwan based on Western principles, and with even the socialist polities of China and Vietnam having some regard to such principles. Despite the alleged universal applicability of Western constitutionalism, however, the success of any constitutional system depends in part on the cultural values, customs and traditions of the country into which the constitutional system is planted. This book explains how the values, customs and traditions of East Asian countries are Confucian, and discusses how this is relevant to constitutional practice in the region. The book outlines how constitutionalism has developed in East Asia over a long period, considers different scholarly work on the ease or difficulty of integrating Western constitutionalism into countries with a Confucian outlook, and examines the prospects for such integration going forward. Throughout, the book covers detailed aspects of Confucianism and the workings of constitutions in practice.