New Courts In Asia

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New Courts in Asia

Author : Andrew Harding
Publisher : Routledge
ISBN 13 : 113518271X
Total Pages : 448 pages
Book Rating : 4.1/5 (351 download)

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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 448 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.

Judicial Review in New Democracies

Author : Tom Ginsburg
Publisher : Cambridge University Press
ISBN 13 : 9780521520393
Total Pages : 322 pages
Book Rating : 4.5/5 (23 download)

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Book Synopsis Judicial Review in New Democracies by : Tom Ginsburg

Download or read book Judicial Review in New Democracies written by Tom Ginsburg and published by Cambridge University Press. This book was released on 2003-07-23 with total page 322 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The Judicialization of Politics in Asia

Author : Björn Dressel
Publisher : Routledge
ISBN 13 : 0415674107
Total Pages : 258 pages
Book Rating : 4.4/5 (156 download)

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Book Synopsis The Judicialization of Politics in Asia by : Björn Dressel

Download or read book The Judicialization of Politics in Asia written by Björn Dressel and published by Routledge. This book was released on 2012 with total page 258 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Asian Courts in Context

Author : Jiunn-rong Yeh
Publisher : Cambridge University Press
ISBN 13 : 1107066085
Total Pages : 633 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis Asian Courts in Context by : Jiunn-rong Yeh

Download or read book Asian Courts in Context written by Jiunn-rong Yeh and published by Cambridge University Press. This book was released on 2014-12-11 with total page 633 pages. Available in PDF, EPUB and Kindle. Book excerpt: Analyzes courts in fourteen selected Asian jurisdictions to provide the most up-to-date and comprehensive interdisciplinary book available.

Judicial Review of Elections in Asia

Author : Po Jen Yap
Publisher : Routledge
ISBN 13 : 1317361490
Total Pages : 250 pages
Book Rating : 4.3/5 (173 download)

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Book Synopsis Judicial Review of Elections in Asia by : Po Jen Yap

Download or read book Judicial Review of Elections in Asia written by Po Jen Yap and published by Routledge. This book was released on 2016-04-14 with total page 250 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Constitutional Courts in Asia

Author : Albert H. Y. Chen
Publisher : Cambridge University Press
ISBN 13 : 110719508X
Total Pages : 407 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis Constitutional Courts in Asia by : Albert H. Y. Chen

Download or read book Constitutional Courts in Asia written by Albert H. Y. 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.

Courts and Politics in Southeast Asia

Author : Bjoern Dressel
Publisher : Cambridge University Press
ISBN 13 : 9781108725798
Total Pages : 0 pages
Book Rating : 4.7/5 (257 download)

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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 2024-04-30 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.

Searching for Success in Judicial Reform

Author : Asia Pacific Judicial Reform Forum
Publisher : Oxford University Press, USA
ISBN 13 : 9780198060772
Total Pages : 0 pages
Book Rating : 4.0/5 (67 download)

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Book Synopsis Searching for Success in Judicial Reform by : Asia Pacific Judicial Reform Forum

Download or read book Searching for Success in Judicial Reform written by Asia Pacific Judicial Reform Forum and published by Oxford University Press, USA. This book was released on 2009 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book brings together in one volume critical reflections on the experience of judicial reform in countries around the region, including India, Sri Lanka, and Nepal. It focuses on practical reform experience, rather than theory and aims to identify strengths and weaknesses of various reform programmes and help in the development of good practices based on the lessons learnt. The topics covered include implementation of judicial reform initiatives, promoting access to justice, ethics and accountability, judicial education and skills development, and case management. The contributors to the volume are senior judges, court administrators, lawyers, scholars and representatives of civil society from across the region who have first hand experience of various reform programmes. One of the major and most unambiguous contentions of the volume is that the judiciary itself must play a pro-active role if judicial reform is to be achieved and the goal of economic growth is to be integrated with justice for all.

Courts and Democracies in Asia

Author : Po Jen Yap
Publisher : Cambridge University Press
ISBN 13 : 1107192625
Total Pages : 251 pages
Book Rating : 4.1/5 (71 download)

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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.

New Courts in Asia

Author : Andrew Harding
Publisher : Routledge
ISBN 13 : 1135182728
Total Pages : 444 pages
Book Rating : 4.1/5 (351 download)

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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 444 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.

New Frontiers in Asia-Pacific International Arbitration and Dispute Resolution

Author : Shahla Ali
Publisher : Kluwer Law International B.V.
ISBN 13 : 940352863X
Total Pages : 313 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis New Frontiers in Asia-Pacific International Arbitration and Dispute Resolution by : Shahla Ali

Download or read book New Frontiers in Asia-Pacific International Arbitration and Dispute Resolution written by Shahla Ali and published by Kluwer Law International B.V.. This book was released on 2020-12-10 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The Politics of Court Reform

Author : Melissa Crouch
Publisher : Cambridge University Press
ISBN 13 : 1108493467
Total Pages : 449 pages
Book Rating : 4.1/5 (84 download)

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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 2019-09-19 with total page 449 pages. Available in PDF, EPUB and Kindle. Book excerpt: Offers an analysis of the politics of court reform through a focused review of Indonesia's complex court system.

Administrative Law and Governance in Asia

Author : Tom Ginsburg
Publisher : Routledge
ISBN 13 : 1135970645
Total Pages : 395 pages
Book Rating : 4.1/5 (359 download)

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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 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.

Judicial Independence in China

Author : Randall Peerenboom
Publisher : Cambridge University Press
ISBN 13 : 1107375584
Total Pages : 298 pages
Book Rating : 4.1/5 (73 download)

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Book Synopsis Judicial Independence in China by : Randall Peerenboom

Download or read book Judicial Independence in China written by Randall Peerenboom and published by Cambridge University Press. This book was released on 2009-11-23 with total page 298 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume challenges the conventional wisdom about judicial independence in China and its relationship to economic growth, rule of law, human rights protection, and democracy. The volume adopts an interdisciplinary approach that places China's judicial reforms and the struggle to enhance the professionalism, authority, and independence of the judiciary within a broader comparative and developmental framework. Contributors debate the merits of international best practices and their applicability to China; provide new theoretical perspectives and empirical studies; and discuss civil, criminal, and administrative cases in urban and rural courts. This volume contributes to several fields, including law and development and the promotion of rule of law and good governance, globalization studies, neo-institutionalism and studies of the judiciary, the emerging literature on judicial reforms in authoritarian regimes, Asian legal studies, and comparative law more generally.

Substantial Justice

Author : Michael Goddard
Publisher : Berghahn Books
ISBN 13 : 1845459229
Total Pages : 333 pages
Book Rating : 4.8/5 (454 download)

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Book Synopsis Substantial Justice by : Michael Goddard

Download or read book Substantial Justice written by Michael Goddard and published by Berghahn Books. This book was released on 2009-07-01 with total page 333 pages. Available in PDF, EPUB and Kindle. Book excerpt: Papua New Guinea's village court system was introduced in 1974, partly in an effort to overcome the legal, geographical, and social distance between village societies and the country's formal courts. There are now more than 1100 village courts all over PNG, hearing thousands of cases each week. This anthropological study is grounded in ethnographic research on three different village courts and the communities they serve. It also explores the colonial historical background to the establishment of the village court system, and the local and global processes influencing the efforts of village courts to deal with everyday disputes among grassroots Melanesians.

Constitutional Statecraft in Asian Courts

Author : Yvonne Tew
Publisher : Oxford University Press
ISBN 13 : 0198716834
Total Pages : 273 pages
Book Rating : 4.1/5 (987 download)

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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.

Women and the Judiciary in the Asia-Pacific

Author : Melissa Crouch
Publisher : Cambridge University Press
ISBN 13 : 1316518329
Total Pages : 341 pages
Book Rating : 4.3/5 (165 download)

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Book Synopsis Women and the Judiciary in the Asia-Pacific by : Melissa Crouch

Download or read book Women and the Judiciary in the Asia-Pacific written by Melissa Crouch and published by Cambridge University Press. This book was released on 2021-10-07 with total page 341 pages. Available in PDF, EPUB and Kindle. Book excerpt: First comparative study of women judges in the Asia-Pacific based on empirical socio-legal research.