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 : 27. 5 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
ISBN : 9781317537663
Genre : Law
File Size : 32. 6 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 : 28. 36 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.

Legal Reforms In China And Vietnam

Author : John Gillespie
ISBN : 9781136978432
Genre : Law
File Size : 27. 6 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.

Human Rights In Asia

Author : Randall Peerenboom
ISBN : 9781134238811
Genre : History
File Size : 32. 99 MB
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Human Rights in Asia considers how human rights are viewed and implemented in Asia. It covers not just civil and political rights, but also social, economic and cultural rights. This study discusses the problems arising from the fact that ideas of human rights have evolved in Western liberal democracies and examines how far such values are compatible with Asian values and applicable in Asian contexts. Core chapters on France and the USA provide a benchmark on how human rights have emerged and how they are applied and implemented in a civil law and a common law jurisdiction. These are then followed by twelve chapters on the major countries of East Asia plus India, each of which follows a common template to consider the context of the legal system in each country, black letter law, legal discussions and debates and key current issues concerning human rights in each jurisdiction.

Current Publications In Legal And Related Fields

Author :
ISBN : STANFORD:36105134444236
Genre : Law
File Size : 24. 94 MB
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Law And Labour Market Regulation In East Asia

Author : Sean Cooney
ISBN : 9781134597550
Genre : Political Science
File Size : 36. 40 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.

Reconfiguring East Asia

Author : Mark Beeson
ISBN : 9781136856143
Genre : Social Science
File Size : 21. 4 MB
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Focuses both on specific regional organizations like ASEAN, The Asian Development Bank and APEC, as well as on key institutions such as East Asian legal systems, the media, organized labour, Asian business systems, and the developmental state.

Fr Her In Rente

Author : Nikolaus Ertl
ISBN : 9783802905070
Genre : Business & Economics
File Size : 42. 76 MB
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So erreichen Sie Ihre Rente schneller Berufstätige, die wegen Erkrankung oder Unfalls nicht mehr arbeiten können, dürfen gesundheitsbedingt vorzeitig in Rente gehen. Der erfolgreiche Fachratgeber Früher in Rente beantwortet die entscheidenden Schlüsselfragen: Welche rechtlichen Voraussetzungen gelten? Welche Krankheiten werden anerkannt? Wie bereite ich mich optimal auf den Gutachtertermin vor? Wie setze ich mich bei Ablehnung des Antrags erfolgreich zur Wehr? Unter welchen Voraussetzungen ist die Rente mit 63 ohne Abzüge möglich? Welche sonstigen Leistungen stehen mir nach Rentenbeginn zu? Schaubilder verdeutlichen den Verfahrensablauf, Checklisten und Praxis-Tipps geben konkrete Hilfestellung.

Land Grabs In Asia

Author : Connie Carter
ISBN : 9781317446316
Genre : Law
File Size : 69. 94 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.

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