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Administrative Law And Governance In Asia

Author: Tom Ginsburg
Publisher: Routledge
ISBN: 1135970645
Size: 78.22 MB
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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.

Politics And Constitutions In Southeast Asia

Author: Marco Bünte
Publisher: Routledge
ISBN: 1317537661
Size: 45.77 MB
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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.

Good Governance In Asia

Author: Linda Chelan Li
Publisher: Routledge
ISBN: 1317565673
Size: 58.45 MB
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The international aid community has advocated governance reforms as a necessary complement to economic aid to developing countries. The resultant Good Governance Agenda has been criticised for its ahistorical bias. The empirical case studies reported in this book further illustrate the limitations by showing the complex logics of governance reforms and their relations with development in the Asian context. The analysis highlights the importance of taking full notice of the Asian reform experiences in the ongoing reflection over the global institutional and development agenda. The message is not to deny the need for governance reforms, or the utility of international learning and sharing of experiences. Global development will benefit, however, from a better understanding of the linkages between governance reforms and the diverse historical conditions they are embedded, in both developing or the advanced economies. This book was published as a special issue of Journal of Contemporary Asia.

Routledge Handbook Of Southeast Asian Democratization

Author: William Case
Publisher: Routledge
ISBN: 1317600541
Size: 61.38 MB
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"Southeast Asia offers unique opportunities for the comparative analysis of democratization. The Routledge Handbook of Southeast Asian Democratization provides a comprehensive overview of the development of democracy in the region and shows that political and structural factors differ strikingly across countries. Combining theory and case studies, it is structured in three major sections: Social segments and change processes - Institutions - Country cases and democratic guises. Contributing to on-going debates in the field, this interdisciplinary reference work explores the value systems, social structures and institutions which can affect democratization. At the same time, it tracks the pattern of fragile unfolding and gradual stabilization of democracy, as well as its resultant cost, rollback or even breakdown in the region. Bringing together over 25 key international experts in the field, this cutting-edge Handbook is designed to disaggregate, then order, the many variables that punctuate Southeast Asia's socio-political and economic terrain, and to produce a detailed account of the mixed fortunes of democracy in the region"--

New Courts In Asia

Author: Andrew Harding
Publisher: Routledge
ISBN: 113518271X
Size: 41.89 MB
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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.

Legal Reforms In China And Vietnam

Author: John Gillespie
Publisher: Routledge
ISBN: 1136978437
Size: 24.47 MB
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This book provides a comprehensive, comparative assessment of legal developments in China and Vietnam, examining similarities and differences, and highlighting the factors likely to promote, change or resist the spread of the Chinese model.

Law And Labour Market Regulation In East Asia

Author: Sean Cooney
Publisher: Routledge
ISBN: 113459755X
Size: 79.65 MB
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This edited collection examines the labour laws of seven industrializing East Asian societies - China, Indonesia, Malaysia, South Korea, Taiwan, the Philippines and Vietnam - and discusses the variation in their impact across the whole region. Leading scholars from each country consider both laws pertaining to working conditions and industrial relations, and those that regulate the labour market as a whole. Legislation concerning migrant labour, gender equality, employment creation and skills formation is also examined. Adopting their own distinct theoretical perspectives, the authors trace the historical development of labour regulation and reveal that most countries in the region now have quite extensive frameworks. This book will be particularly useful to people interested in the place of labour law, and law in general, in contemporary East Asian societies.