The Judicialization Of Politics In Asia
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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.
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.
Constitutions Religion And Politics In Asia
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Author : Dian A. H. Shah
language : en
Publisher: Cambridge University Press
Release Date : 2017-10-26
Constitutions Religion And Politics In Asia written by Dian A. H. Shah 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 2017-10-26 with History categories.
Shah uncovers the complex interaction between constitutional law, religion and politics in three key plural societies in Asia.
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 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.
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 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.
The Judicialization Of Politics In Pakistan
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Author : Waris Husain
language : en
Publisher: Routledge
Release Date : 2018-03-28
The Judicialization Of Politics In Pakistan written by Waris Husain and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-03-28 with Social Science categories.
Since 2007, the Supreme Court of Pakistan has emerged as a dominant force in Pakistani politics through its hyper-active use of judicial review, or the power to overrule Parliament’s laws and the Prime Minister’s acts. This hyper-activism was on display during the Supreme Court’s unilateral disqualification of Prime Minister Yousef Raza Gilani in 2012 under the leadership of Chief Justice Iftikhar Chaudhry. Despite the Supreme Court’s practical adoption of restraint subsequent to the retirement of Chief Justice Chaudhry in 2013, the Court has once again disqualified a prime minister, Nawaz Sharif, due to allegations of corruption in 2017. While many critics have focused on the substance of the Court’s decisions in these cases, sufficient focus is not paid to the amorphous case-selection process of the Supreme Court of Pakistan. In order to compare the relatively unregulated process of case-selection in Pakistan to the more structured processes utilized by the Supreme Courts of the United States’ and India, this book aims to understand the historical roots of judicial review in each country dating back to the colonial era extending through the foundational period of each nation impacting present-day jurisprudence. As a first in its kind, this study comparatively examines these periods of history in order to contextualize a practical prescription to standardize the case-selection process in the Supreme Court of Pakistan in a way that retains the Court’s overall power while limiting its involvement in purely political issues. This publication offers a critical and comparative view of the Supreme Court of Pakistan’s recent involvement in political disputes due to the lack of a discerning case-selection system that has otherwise been adopted by the Supreme Courts of India and the United States’ to varying degrees. It will be of interest to academics in the fields of Asian Law, South Asian Politics and Law and Comparative Law.
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.
Law Capitalism And Power In Asia
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Author : Kanishka Jayasuriya
language : en
Publisher: Psychology Press
Release Date : 1999
Law Capitalism And Power In Asia written by Kanishka Jayasuriya and has been published by Psychology Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1999 with Business & Economics categories.
This study argues that the liberal notion of the rule of law regulating the exercise of power is unlikely to come about in much of southeastern Asia. The book asserts that it is more likely to promote political elites.
The Politics Of Justice And Human Rights
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Author : Anthony J. Langlois
language : en
Publisher: Cambridge University Press
Release Date : 2001-10-15
The Politics Of Justice And Human Rights written by Anthony J. Langlois 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 2001-10-15 with Law categories.
The Asian Values Discourse
Politics And Constitutions In Southeast Asia
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Author : Marco Bünte
language : en
Publisher: Routledge
Release Date : 2016-07-15
Politics And Constitutions In Southeast Asia written by Marco Bünte and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-07-15 with Law categories.
In recent years the constitutional landscape of Southeast Asia has changed tremendously. Against a worldwide background of liberalization, globalization, and democratization, states in the region have begun to alter their constitutions, reinforcing human rights provisions, and putting in place institutional safeguards, such as constitutional courts and human rights commissions. On closer examination, however, the picture is very complex, with constitutional developments differing greatly between states. This book explores a range of current constitutional developments in the different states of Southeast Asia through a distinct political lens. Drawing on comparative and single case studies, it considers various constitutional areas, including constitution drafting, human rights, legal safeguards and the continuing role of the military, sets constitutional developments in the wider political and historical context of each country, and makes comparisons both with Western democracies and with other developing regions. The book concludes by assessing overall how far constitutional practices and trajectories are converging towards a liberal Western model or towards a distinctly Southeast Asian model.