New Courts In Asia
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New Courts In Asia
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Author : Andrew Harding
language : en
Publisher: Routledge
Release Date : 2010-01-21
New Courts In Asia written by Andrew Harding and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-01-21 with Law categories.
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
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Author : Tom Ginsburg
language : en
Publisher: Cambridge University Press
Release Date : 2003-07-23
Judicial Review In New Democracies written by Tom Ginsburg 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 2003-07-23 with Law categories.
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
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Author : Jiunn-rong Yeh
language : en
Publisher: Cambridge University Press
Release Date : 2015
Asian Courts In Context written by Jiunn-rong Yeh 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 2015 with Law categories.
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
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Author : Björn Dressel
language : en
Publisher: Routledge
Release Date : 2012
The Judicialization Of Politics In Asia written by Björn Dressel and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with Law categories.
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.
Judicial Review Of Elections In Asia
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Author : Po Jen Yap
language : en
Publisher: Routledge
Release Date : 2016-04-14
Judicial Review Of Elections In Asia written by Po Jen Yap and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-04-14 with Law categories.
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 Politics In Southeast Asia
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Author : Bjoern Dressel
language : en
Publisher: Cambridge University Press
Release Date : 2024-04-04
Courts And Politics In Southeast Asia written by Bjoern Dressel 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 2024-04-04 with Political Science categories.
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.
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.
Courts And Democracies In Asia
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Author : Po Jen Yap
language : en
Publisher: Cambridge University Press
Release Date : 2017-09-28
Courts And Democracies In Asia written by Po Jen Yap 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 2017-09-28 with Law categories.
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.
Searching For Success In Judicial Reform
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Author : Asia Pacific Judicial Reform Forum
language : en
Publisher: Oxford University Press, USA
Release Date : 2009
Searching For Success In Judicial Reform written by Asia Pacific Judicial Reform Forum and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with Courts categories.
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.
Women And The Judiciary In The Asia Pacific
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Author : Melissa Crouch
language : en
Publisher: Cambridge University Press
Release Date : 2021-10-07
Women And The Judiciary In The Asia Pacific written by Melissa Crouch 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 2021-10-07 with Law categories.
First comparative study of women judges in the Asia-Pacific based on empirical socio-legal research.