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Courts And Politics In Southeast Asia
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Book Synopsis Courts and Politics in Southeast Asia by : Bjoern Dressel
Download or read book Courts and Politics in Southeast Asia written by Bjoern Dressel and published by Cambridge University Press. This book was released on 2024-04-04 with total page 151 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Constitutional Statecraft in Asian Courts by : Yvonne Tew
Download or read book Constitutional Statecraft in Asian Courts written by Yvonne Tew and published by Oxford University Press. This book was released on 2021-07-23 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Courts and Politics in Southeast Asia by : Bjoern Dressel
Download or read book Courts and Politics in Southeast Asia written by Bjoern Dressel and published by Cambridge University Press. This book was released on 2024-04-30 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Constitutional Courts in Asia by : Hongyi Chen
Download or read book Constitutional Courts in Asia written by Hongyi Chen and published by Cambridge University Press. This book was released on 2018-09-20 with total page 407 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comparative, systematic and critical analysis of constitutional courts and constitutional review in Asia.
Book Synopsis Fighting for Virtue by : Duncan McCargo
Download or read book Fighting for Virtue written by Duncan McCargo and published by Cornell University Press. This book was released on 2020-01-15 with total page 375 pages. Available in PDF, EPUB and Kindle. Book excerpt: Fighting for Virtue investigates how Thailand's judges were tasked by the late King Bhumibol Adulyadej (Rama IX) in 2006 with helping to solve the country's intractable political problems—and what happened next. Across the last decade of Rama IX's rule, Duncan McCargo examines the world of Thai judges: how they were recruited, trained, and promoted, and how they were socialized into a conservative world view that emphasized the proximity between the judiciary and the monarchy. McCargo delves into three pivotal freedom of expression cases that illuminate Thai legal and cultural understandings of sedition and treason, before examining the ways in which accusations of disloyalty made against controversial former prime minister Thaksin Shinawatra came to occupy a central place in the political life of a deeply polarized nation. The author navigates the highly contentious role of the Constitutional Court as a key player in overseeing and regulating Thailand's political order before concluding with reflections on the significance of the Bhumibol era of "judicialization" in Thailand. In the end, posits McCargo, under a new king, who appears far less reluctant to assert his own power and authority, the Thai courts may now assume somewhat less significance as a tool of the monarchical network.
Book Synopsis Courts and Democracies in Asia by : Po Jen Yap
Download or read book Courts and Democracies in Asia written by Po Jen Yap and published by Cambridge University Press. This book was released on 2017-09-28 with total page 251 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Southeast Asian Affairs 2020 by : Malcolm Cook
Download or read book Southeast Asian Affairs 2020 written by Malcolm Cook and published by ISEAS-Yusof Ishak Institute. This book was released on 2020-04-22 with total page 438 pages. Available in PDF, EPUB and Kindle. Book excerpt: Southeast Asian Affairs, first published in 1974, continues today to be required reading for not only scholars but the general public interested in in-depth analysis of critical cultural, economic and political issues in Southeast Asia. In this annual review of the region, renowned academics provide comprehensive and stimulating commentary.
Book Synopsis Media and Power in Southeast Asia by : Cherian George
Download or read book Media and Power in Southeast Asia written by Cherian George and published by Cambridge University Press. This book was released on 2019-08-31 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: This study of Southeast Asian media and politics explores issues of global relevance pertaining to journalism's relationship with political power. It argues that the development of free, independent, and plural media has been complicated by trends towards commercialisation, digital platforms, and identity-based politics. These forces interact with state power in complex ways, opening up political space and pluralising discourse, but without necessarily producing structural change. The Element has sections on the democratic transitions of Indonesia, Myanmar and Malaysia; authoritarian resilience in Singapore; media ownership patterns in non-communist Southeast Asia; intolerance in Indonesia and Myanmar; and digital disruptions in Vietnam and Malaysia.
Book Synopsis A Selective Approach to Establishing a Human Rights Mechanism in Southeast Asia by : Hao Duy Phan
Download or read book A Selective Approach to Establishing a Human Rights Mechanism in Southeast Asia written by Hao Duy Phan and published by Martinus Nijhoff Publishers. This book was released on 2012-02-03 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book proposes a selective approach for states with more advanced human rights protection to establish a human rights court for Southeast Asia. It argues the inclusive approach currently employed by ASEAN to set up a human rights body covering all member states cannot produce a strong regional human rights mechanism. The mosaic of Southeast Asia reveals great diversity and high complexity in political regimes, human rights practice and participation by regional states in the global legal human rights framework. Cooperation among ASEAN members to protect and promote human rights remains limited. The time-honored principle of non-interference and the “ASEAN Way” still predominate in relations within ASEAN. These factors combine to explain why the ASEAN Intergovernmental Commission on Human Rights is unlikely to be strong and effective in changing and promoting regional human rights protection. This book suggests a selective approach to establish a human rights court for Southeast Asia. It posits that a group of nations within Southeast Asia may be more willing to consider the possibility of a stronger human rights mechanism. It investigates the challenges to and the feasibility of such a proposal. Furthermore, it examines the design of the three existing regional human rights courts in Europe, the Americas, and Africa, and compares the rationales for those institutional designs with the specific context of Southeast Asia. A human rights court for all ASEAN members may not be possible at this time, but a court for some nations in the region is feasible and worth exploring. The path towards this goal is never an easy one; however, the region possesses the necessary conditions to gradually translate that goal into reality.
Book Synopsis Administrative Law and Governance in Asia by : Tom Ginsburg
Download or read book Administrative Law and Governance in Asia written by Tom Ginsburg and published by Routledge. This book was released on 2008-10-30 with total page 395 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines administrative law throughout Asia, exploring the profound changes in many legal regimes that have occurred. It shows how many states have shifted towards a more market-oriented regulatory state model, involving a greater role for judges and law-like processes, and explores the profound implications of this for policy-making.
Book Synopsis ASEAN Law and Regional Integration by : Diane A Desierto
Download or read book ASEAN Law and Regional Integration written by Diane A Desierto and published by Routledge. This book was released on 2020-12-29 with total page 233 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the passage of the ASEAN Charter in 2008, ASEAN has transformed itself from a loose economic cooperation, into a formal intergovernmental organization designed to create an “ASEAN Community” forged together in three pillar communities – the ASEAN Political-Security Community, ASEAN Economic Community, and tASEAN Socio-Cultural Community. Forty years of pre-Charter ASEAN practices, coupled with over ten years of post-Charter ASEAN practices thus far, has witnessed the conclusion of hundreds of legally binding regional treaties and similarly binding international instruments in all areas of economic, political-security, and socio-cultural concerns for Southeast Asia to achieve ASEAN’s rule of law-based development objective. Pre-Charter and post-Charter ASEAN Law is variably implemented under a hybrid governance system that depends heavily on ASEAN Member State national implementation alongside ASEAN’s evolving regional institutions. The result is not a model of deep integration as in the case of the European Union, but a particular paradigm of horizontal embeddedness of ASEAN Law – in all its norms and operational practices – contingent on the capacities and compliance of national government bureaucracies in Southeast Asia. This edited collection is a concise authoritative volume covering the practical, doctrinal, legal, and policy aspects of the new regime of ASEAN Law and its consequences for realizing rule of law-based development in Southeast Asia’s emerging single market and production base. Drawing together contributions from a range of key thinkers in the field, the editors present the legal and policy-making issues implicated in the practical implementation of Southeast Asia’s single market and its regime for the free movement of goods, services, foreign investment, and cross-border labor. The book also examines the nature of regional law-making under ASEAN before and after the commencement of regional integration in 2015, the nature of ASEAN’s economic regulators, as well as the evolving structure for enforcement and harmonization of “ASEAN Law” through the array of Southeast Asian national courts, arbitral tribunals, and incipient mechanisms for inter-State, intra-regional, and individual-State conflict management and dispute resolution. This book is highly relevant to students, scholars, and policy-makers with an interest in ASEAN Law and regional policy, and to Southeast Asian studies in general.
Book Synopsis Opposing the Rule of Law by : Nick Cheesman
Download or read book Opposing the Rule of Law written by Nick Cheesman and published by Cambridge University Press. This book was released on 2015-03-12 with total page 337 pages. Available in PDF, EPUB and Kindle. Book excerpt: A striking new analysis of Myanmar's court system, revealing how the rule of law is 'lexically present but semantically absent'.
Book Synopsis The Politics of Court Reform by : Melissa Crouch
Download or read book The Politics of Court Reform written by Melissa Crouch and published by Cambridge University Press. This book was released on 2021-05-20 with total page 447 pages. Available in PDF, EPUB and Kindle. Book excerpt: Indonesia is the world's third largest democracy and its courts are an important part of its democratic system of governance. Since the transition from authoritarian rule in 1998, a range of new specialised courts have been established from the Commercial Courts to the Constitutional Court and the Fisheries Court. In addition, constitutional and legal changes have affirmed the principle of judicial independence and accountability. The growth of Indonesia's economy means that the courts are facing greater demands to resolve an increasing number of disputes. This volume offers an analysis of the politics of court reform through a review of judicial change and legal culture in Indonesia. A key concern is whether the reforms that have taken place have addressed the issues of the decline in professionalism and increase in corruption. This volume will be a vital resource for scholars of law, political science, law and development, and law and society.
Book Synopsis The Development of the Rule of Law in ASEAN by : Imelda Deinla
Download or read book The Development of the Rule of Law in ASEAN written by Imelda Deinla and published by Cambridge University Press. This book was released on 2017-06-29 with total page 263 pages. Available in PDF, EPUB and Kindle. Book excerpt: An interdisciplinary work on regional integration and the rule of law in ASEAN and the emergence of a soft regulatory regime.
Book Synopsis New Courts in Asia by : Andrew Harding
Download or read book New Courts in Asia written by Andrew Harding and published by Routledge. This book was released on 2010-01-21 with total page 589 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis The Everyday Political Economy of Southeast Asia by : Juanita Elias
Download or read book The Everyday Political Economy of Southeast Asia written by Juanita Elias and published by Cambridge University Press. This book was released on 2016-08-18 with total page 285 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the way that forms of economic policymaking are sustained and challenged by everyday practices across Southeast Asia.
Book Synopsis The Rise of Sophisticated Authoritarianism in Southeast Asia by : Lee Morgenbesser
Download or read book The Rise of Sophisticated Authoritarianism in Southeast Asia written by Lee Morgenbesser and published by Cambridge University Press. This book was released on 2020-04-16 with total page 100 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Element offers a way to understand the evolution of authoritarian rule in Southeast Asia. The theoretical framework is based on a set of indicators (judged for their known advantages and mimicry of democratic attributes) as well as a typology (conceptualized as two discreet categories of 'retrograde' and 'sophisticated' authoritarianism). Working with an original dataset, the empirical results reveal vast differences within and across authoritarian regimes in Southeast Asia, but also a discernible shift towards sophisticated authoritarianism over time. The Element concludes with a reflection of its contribution and a statement on its generalizability.
