administrative law and governance in asia comparative perspectives routledge law in asia

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Administrative Law And Governance In Asia

Author : Tom Ginsburg
ISBN : 9781135970642
Genre : Law
File Size : 49. 18 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.

Public Law In East Asia

Author : AlbertH.Y. Chen
ISBN : 9781351552578
Genre : Law
File Size : 25. 94 MB
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Public Law in East Asia is a collection of the leading English-language articles on constitutional and administrative law in the Asian region, written by many of the leading scholars from this area. The region has its own distinct legal and political traditions, and its systems of government have facilitated dynamic economic growth, but the role of public law has not been well understood. Covering a wide range of jurisdictions in a single volume, this collection provides insights into the ways in which institutions of Western origin have been integrated into Asian political and legal cultures, producing new syntheses.

The Principle Of Effective Legal Protection In Administrative Law

Author : Zoltán Szente
ISBN : 9781317019244
Genre : Law
File Size : 86. 4 MB
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This collection presents a comparative analysis of the principle of effective legal protection in administrative law in Europe. It examines how European states consider and enforce the related requirements in their domestic administrative law. The book is divided into three parts: the first comprises a theoretical introductory chapter along with perspectives from International and European Law; part two presents 15 individual country reports on the principle of effective legal protection in mostly EU member states. The core function of the reports is to provide an analysis of the domestic instruments and procedures. Adopting a contextual approach, they consider the historical, political and legal circumstances as well as analysing the relevant case law of the domestic courts; the third part provides a comparative analysis of the country reports. The final chapter assesses the influence and relevance of EU law and the ECHR. The book thus identifies the most important trends and makes a valuable contribution to the debate around convergence and divergence in European national administrative systems.

Gender Justice And Proportionality In India

Author : Juliette Gregory Duara
ISBN : 9781351782616
Genre : Social Science
File Size : 57. 99 MB
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For a judiciary in a democracy, dispensing justice is not only about doing justice, but also about showing that justice is being done; it is about giving reasons and creating a "culture of justification". The question becomes how to nurture such a culture. A number of liberal democratic jurisdictions have answered this question in part with the adoption of the multi-step method of evaluating the constitutionality of legislative infringements on fundamental rights widely known as Proportionality Analysis. Under Proportionality Analysis courts must engage in a structured process of reasoning. This book deals with Gender Justice and Proportionality Analysis in India. The author argues that the Supreme Court of India should consider adopting Proportionality Analysis for the adjudication of the fundamental right to sex equality in Indian courts. The book includes an analysis of Canadian and South African Proportionality Analysis and makes some suggestions on how an Indian Proportionality Analysis could be generated using this comparative investigation. Additionally, the book proposes ways of applying the effects of socio-political context on doctrine, as well as doctrine’s interpretive impact on adjudicated outcomes for gender, thus making a contribution to feminist jurisprudence. Finally, the author analyses Indian gender equality jurisprudence, demonstrating the inadequacies of the current doctrinal framework for achieving the goal of substantive gender equality and suggesting ways in which an Indian Proportionality Analysis might be fashioned to address these inadequacies. A novel examination of the gender situation in India in comparative perspective, this book will be of interest to academics in the field of Gender Studies, Asian and Comparative Law and South Asian studies.

Land Grabs In Asia

Author : Connie Carter
ISBN : 9781317446316
Genre : Law
File Size : 44. 8 MB
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Although there is no universally accepted definition of the term "land grabbing", ordinary people whose livelihoods are adversely affected by land grabbing know exactly what it is. It involves the physical capture and control of land and homes, including the usurpation of the power to decide how and when these will be used and for what purposes – with little or no prior consultation or compensation to the displaced communities. This thought-provoking book defines land grabbing, and examines aspects of the land grabs phenomenon in seven Asian countries, researched and written by country-specific legal scholars. The book provides unique perspectives on how and why land grabbing is practised in China, India, Pakistan, Cambodia, Malaysia, Myanmar and Indonesia, and explores the surprising role that law plays in facilitating and legitimizing land grabs in each country. In contrast to most of the literature which law focuses on foreign investors’ rights under international law, here the focus is on domestic laws and legal infrastructures. Finding that Asian States need to move beyond existing regimes that govern land to a regime that encourages more equitable land rights allocation and protection of stakeholders’ rights, the book urges further research in the nexus between the use of law to facilitate development. Land Grabs in Asia is the first book to explore land grabbing in multiple jurisdictions in Asia. As such, it will appeal to students and scholars of law and development, law and society, and international relations, as well as being essential reading for development policy-makers and government ministers.

Politics And Constitutions In Southeast Asia

Author : Marco Bünte
ISBN : 9781317537663
Genre : Law
File Size : 27. 53 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
ISBN : 9781317565673
Genre : Social Science
File Size : 29. 56 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.

Codifying Contract Law

Author : Mary Keyes
ISBN : 9781317164821
Genre : Law
File Size : 83. 64 MB
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Exploring the advantages and disadvantages of codifying contract law, this book considers the question from the perspectives of both civil and common law systems, referring in detail to issues of international and consumer law. With contributions from leading international scholars, the chapters present a range of opinions on the virtues of codification, encouraging further debate on this topic. The book commences with a discussion on the internationalization imperative for codification of contract law. It then turns to regional issues, exploring first codification attempts in the European Union and Japan, and then issues relevant to codification in the common law jurisdictions of Australia, New Zealand and the United States. The collection concludes with two chapters which consider the need to draw upon both private and comparative international law perspectives to inform any codification reforms. This book will be of interest to international and comparative contract law academics, as well as regulators and policy-makers.

Routledge Handbook Of Asian Law

Author : Christoph Antons
ISBN : 9781317337409
Genre : Law
File Size : 30. 16 MB
Format : PDF
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The Routledge Handbook of Asian Law is a cutting-edge and comprehensive resource which surveys the interdisciplinary field of Asian Law. Written by an international team of experts, the chapters within cover issues as diverse as family law and Islamic courts, decentralisation and the revival of traditional forms of law, discourses on the rule of law, human rights, corporate governance and environmental protection The volume is divided into five parts covering: Asia in Law, and the Humanities and Social Sciences; The Political Economy of Law in Asia - Law in the Context of Asian Development; Asian traditions and their transformations; Law, the environment, and access to land and natural resources; People in Asia and their rights. Offering an overview of the full spectrum of Law in Asia, the Handbook is an invaluable resource for academics, researchers, lawyers, graduate and undergraduate students studying this ever-evolving field.

Routledge Handbook Of Southeast Asian Democratization

Author : William Case
ISBN : 9781317600541
Genre : Political Science
File Size : 71. 62 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"--

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