Comparative Studies On The Judicial Review System In East And Southeast Asia
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Comparative Studies On The Judicial Review System In East And Southeast Asia
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Author : Yong Zhang
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 2023-09-29
Comparative Studies On The Judicial Review System In East And Southeast Asia written by Yong Zhang and has been published by Martinus Nijhoff Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-09-29 with Law categories.
This book presents a unique perspective on the development and status quo of judicial review in East and Southeast Asia. In particular, it answers the questions of whether the system of judicial review of administrative action functions in East and Southeast Asian countries in the same way as in Western countries, and whether this system functions in the same way in countries that adopt the principle of concentration of powers and the principle of separation of powers. Together with papers on judicial review in the Netherlands and Germany, and references to English law, the legal systems discussed constitute a heterogeneous group of developed and developing economies, continental and Anglo-Saxon systems of law and capitalist and socialist legal orders. The research and comparisons presented here form an invaluable resource for any scholar and lawyer interested in contemporary Asian law, or in the many facets of comparative administrative law.
Comparative Studies On The Judicial Review System In East And Southeast Asia
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Author : International Institute for Asian Studies
language : en
Publisher: Springer
Release Date : 1997
Comparative Studies On The Judicial Review System In East And Southeast Asia written by International Institute for Asian Studies and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 1997 with Law categories.
Papers mainly prepared for a conference on "Comparative studies on judicial review in East and Southeast Asia", held in Leiden, the Netherlands, on 31 August and 1 September 1995. Focus on the theoretical and practical problems associated with the judicial review of administrative actions.
Comparative Studies On Governmental Liability In East And Southeast Asia
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Author : Yong Zhang
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 1999-01-28
Comparative Studies On Governmental Liability In East And Southeast Asia written by Yong Zhang and has been published by Martinus Nijhoff Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 1999-01-28 with Law categories.
This book is the second volume of a planned trilogy on legal protection of citizens' rights against the state in East and Southeast Asia. The first volume was published in 1997, under the title of "Comparative Studies on the Judicial Review System in East and" "Southeast Asia." The third book will deal with the subject of due process of law with respect to administrative decision-making in these areas. This second volume examines the historical development and present function of governmental liability in Japan, China, Korea, Taiwan, Malaysia and Indonesia. Both theoretical and practical problems of governmental liability are analyzed through comparative perspectives. As German and Dutch law have a strong influence in East and Southeast Asian countries, the governmental liability system in these two countries is also discussed. During the process of modernizing the economy and legal systems, especially with the globalization of the economy and the internationalization of Western law, it is inevitable for countries in East and Southeast Asia to introduce a governmental compensation system. However, because of a lack of experience of civil society and the tradition of the rule of law, of shortage of finance, and of different viewpoints on human rights, the introduced and planned governmental compensation systems in East and Southeast Asia could not be expected to function in the same way as those in Western countries. This book is based on the assumption that it is better to prevent damage from happening than compensating for it with money.
Comparative Studies On Governmental Liability In East And Southeast Asia
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Author : Yong Zhang
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 2023-09-20
Comparative Studies On Governmental Liability In East And Southeast Asia written by Yong Zhang and has been published by Martinus Nijhoff Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-09-20 with Law categories.
This book is the second volume of a planned trilogy on legal protection of citizens' rights against the state in East and Southeast Asia. The first volume was published in 1997, under the title of Comparative Studies on the Judicial Review System in East and Southeast Asia. The third book will deal with the subject of due process of law with respect to administrative decision-making in these areas. This second volume examines the historical development and present function of governmental liability in Japan, China, Korea, Taiwan, Malaysia and Indonesia. Both theoretical and practical problems of governmental liability are analyzed through comparative perspectives. As German and Dutch law have a strong influence in East and Southeast Asian countries, the governmental liability system in these two countries is also discussed. During the process of modernizing the economy and legal systems, especially with the globalization of the economy and the internationalization of Western law, it is inevitable for countries in East and Southeast Asia to introduce a governmental compensation system. However, because of a lack of experience of civil society and the tradition of the rule of law, of shortage of finance, and of different viewpoints on human rights, the introduced and planned governmental compensation systems in East and Southeast Asia could not be expected to function in the same way as those in Western countries. This book is based on the assumption that it is better to prevent damage from happening than compensating for it with money.
Comparative Studies On The Judicial Review System In East And Southeast Asia
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Author : Yong Zhang
language : en
Publisher: Springer
Release Date : 1996-12-18
Comparative Studies On The Judicial Review System In East And Southeast Asia written by Yong Zhang and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 1996-12-18 with Law categories.
Papers mainly prepared for a conference on "Comparative studies on judicial review in East and Southeast Asia", held in Leiden, the Netherlands, on 31 August and 1 September 1995. Focus on the theoretical and practical problems associated with the judicial review of administrative actions.
Constitutional Courts In Asia
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Author : Albert H. Y. Chen
language : en
Publisher: Cambridge University Press
Release Date : 2018-09-20
Constitutional Courts In Asia written by Albert H. Y. Chen and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-09-20 with Law categories.
A comparative, systematic and critical analysis of constitutional courts and constitutional review in Asia.
Comparative Politics Of Southeast Asia
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Author : Aurel Croissant
language : en
Publisher: Springer
Release Date : 2017-12-26
Comparative Politics Of Southeast Asia written by Aurel Croissant and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-12-26 with Political Science categories.
This textbook provides a comprehensive introduction to the political systems of all ASEAN countries and Timor-Leste from a comparative perspective. It investigates the political institutions, actors and processes in eleven states, covering democracies as well as autocratic regimes. Each country study includes an analysis of the current system of governance, the party and electoral system, and an assessment of the state, its legal system and administrative bodies. Students of political science and regional studies will also learn about processes of democratic transition and autocratic persistence, as well as how civil society and the media influence the political culture in each country.
Administrative Law And Governance In Asia
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Author : Tom Ginsburg
language : en
Publisher: Routledge
Release Date : 2008-10-30
Administrative Law And Governance In Asia written by Tom Ginsburg and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-10-30 with Law categories.
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.
Legal Traditions In Asia
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Author : Janos Jany
language : en
Publisher: Springer Nature
Release Date : 2020-04-08
Legal Traditions In Asia written by Janos Jany and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-04-08 with Law categories.
This book offers a comparative analysis of traditional Asian legal systems. It combines methods from legal history, legal anthropology, legal philosophy, and substantive law, pursuing a comprehensive approach that offers readers a broad perspective on the topic. The geographic regions covered include the Near East, Middle East, Central Asia, India, China, Japan, and Southeast Asia. For each region, the book first provides historical and political context. Next, it discusses major milestones in the region’s legal history and political institutions, as well as its forms of government. Readers are then presented with fundamental principles and terms needed to understand the legal arguments discussed. The book begins with the Ancient Near East and important topics such as Jewish law. The next part considers Islamic law, while also exploring modern issues. The third part focuses on Hindu and Buddhist law, while the fourth part covers China and Japan. The book’s closing section examines tribal societies, e.g. Mongols, Pashtuns and Malays. Topics covered include the interaction of legal systems within a legal circle, inter-systemic interactions, reasons for the failure and success of legal modernization, legal pluralism, and its effects on Asian societies. Family law, law of obligation, criminal law, and procedural law are also explored.
Administrative Courts In Indonesia
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Author : Adiaan Bedner
language : en
Publisher: BRILL
Release Date : 2021-09-06
Administrative Courts In Indonesia written by Adiaan Bedner and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-09-06 with Law categories.
In 1991 Indonesia introduced a system of administrative courts that was to contribute to establishing the rule of law in Indonesia and to provide recourse for citizens against unlawful administrative behaviour. This book evaluates the performance of the administrative court system. It explains why the courts were established in spite of the Indonesian state's authoritarian nature, and why and to what extent the system is a Dutch legal transplant. It analyses the jurisdictionary powers of the courts and how the courts have used them. It then proceeds to explain the unbalanced nature of the record presented, by analysing factors inside and outside the administrative court organisation which influence its performance. These include budgetary deficits, lack of training opportunities, career manipulation, corruption, lack of government support, and many other non-legal issues. Finally, the author provides a number of recommendations for change, many of which may also be of use to other developing countries.
