Comparative Studies on the Judicial Review System in East and Southeast Asia
Comparative Studies on the Judicial Review System in East and Southeast Asia

Author: Yong Zhang

Publisher: Martinus Nijhoff Publishers

Published: 2023-09-29

Total Pages: 345

ISBN-13: 9004636420

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This book presents a unique perspective on the development and status quo of judicial review in East and Southeast Asia. In particular, it answers the questions of whether the system of judicial review of administrative action functions in East and Southeast Asian countries in the same way as in Western countries, and whether this system functions in the same way in countries that adopt the principle of concentration of powers and the principle of separation of powers. Together with papers on judicial review in the Netherlands and Germany, and references to English law, the legal systems discussed constitute a heterogeneous group of developed and developing economies, continental and Anglo-Saxon systems of law and capitalist and socialist legal orders. The research and comparisons presented here form an invaluable resource for any scholar and lawyer interested in contemporary Asian law, or in the many facets of comparative administrative law.

Comparative Studies on the Judicial Review System in East and Southeast Asia
Comparative Studies on the Judicial Review System in East and Southeast Asia

Author: International Institute for Asian Studies

Publisher: Springer

Published: 1997

Total Pages: 360

ISBN-13:

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Papers mainly prepared for a conference on "Comparative studies on judicial review in East and Southeast Asia", held in Leiden, the Netherlands, on 31 August and 1 September 1995. Focus on the theoretical and practical problems associated with the judicial review of administrative actions.

Comparative Studies on Governmental Liability in East and Southeast Asia
Comparative Studies on Governmental Liability in East and Southeast Asia

Author: Yong Zhang

Publisher: Martinus Nijhoff Publishers

Published: 2023-09-20

Total Pages: 272

ISBN-13: 9004632913

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This book is the second volume of a planned trilogy on legal protection of citizens' rights against the state in East and Southeast Asia. The first volume was published in 1997, under the title of Comparative Studies on the Judicial Review System in East and Southeast Asia. The third book will deal with the subject of due process of law with respect to administrative decision-making in these areas. This second volume examines the historical development and present function of governmental liability in Japan, China, Korea, Taiwan, Malaysia and Indonesia. Both theoretical and practical problems of governmental liability are analyzed through comparative perspectives. As German and Dutch law have a strong influence in East and Southeast Asian countries, the governmental liability system in these two countries is also discussed. During the process of modernizing the economy and legal systems, especially with the globalization of the economy and the internationalization of Western law, it is inevitable for countries in East and Southeast Asia to introduce a governmental compensation system. However, because of a lack of experience of civil society and the tradition of the rule of law, of shortage of finance, and of different viewpoints on human rights, the introduced and planned governmental compensation systems in East and Southeast Asia could not be expected to function in the same way as those in Western countries. This book is based on the assumption that it is better to prevent damage from happening than compensating for it with money.

Administrative Courts in Indonesia
Administrative Courts in Indonesia

Author: Adiaan Bedner

Publisher: BRILL

Published: 2021-09-06

Total Pages: 315

ISBN-13: 9004481990

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In 1991 Indonesia introduced a system of administrative courts that was to contribute to establishing the rule of law in Indonesia and to provide recourse for citizens against unlawful administrative behaviour. This book evaluates the performance of the administrative court system. It explains why the courts were established in spite of the Indonesian state's authoritarian nature, and why and to what extent the system is a Dutch legal transplant. It analyses the jurisdictionary powers of the courts and how the courts have used them. It then proceeds to explain the unbalanced nature of the record presented, by analysing factors inside and outside the administrative court organisation which influence its performance. These include budgetary deficits, lack of training opportunities, career manipulation, corruption, lack of government support, and many other non-legal issues. Finally, the author provides a number of recommendations for change, many of which may also be of use to other developing countries.

Judicial Review Systems in West Africa: a Comparative Analysis
Judicial Review Systems in West Africa: a Comparative Analysis

Author:

Publisher:

Published: 2016

Total Pages: 180

ISBN-13: 9789176710524

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This book compares the constitutional justice institutions in 16 West African states and analyses the diverse ways in which these institutions render justice and promote democratic development. There is no single best approach: different legal traditions tend to produce different design options. It also seeks to facilitate mutual learning and understanding among countries in the region, especially those with different legal systems, in efforts to frame a common West African system. The authors analyse a broad spectrum of issues related to constitutional justice institutions in West Africa. While navigating technical issues such as competence, composition, access, the status of judges, the authoritative power of these institutions and their relationship with other institutions, they also take a novel look at analogous institutions in pre-colonial Africa with similar functions, as well as the often-taboo subject of the control and accountability of these institutions.

New Courts in Asia
New Courts in Asia

Author: Andrew Harding

Publisher: Routledge

Published: 2010-01-21

Total Pages: 589

ISBN-13: 113518271X

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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.

Changing Tax Law in East and Southeast Asia Towards the 21st Century
Changing Tax Law in East and Southeast Asia Towards the 21st Century

Author: Yong Zhang

Publisher: BRILL

Published: 2024-01-15

Total Pages: 321

ISBN-13: 9004636439

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Ten specialists in the fields of tax law and public finance from Japan, the Netherlands, China, South Korea, Taiwan, Indonesia, and Vietnam recently gathered in Leiden, the Netherlands to present papers and give lectures on tax law in those countries for the symposium `Tax Law in East and Southeast Asia Towards the 21st Century.' The meeting fostered the exchange of information on recent reforms of tax systems, with participants examining both differences and similarities and discussing further planned or necessary reforms for each country in East and Southeast Asia on the threshold of the 21st century. The papers collected in this volume were originally prepared for the conference. After the conference, contributors revised their papers on the basis of the discussions conducted. Giving due consideration to the comparison of tax systems in these areas, these revised papers emphasise themes such as tax structure, especially that of direct and indirect taxes; intergovernmental fiscal relationships; and recent reforms to and problems of tax systems. The result: an extremely useful and informative work which covers ground rarely covered before. Legal and other tax practitioners as well as academics will find this volume of great value.

Constitutional Courts in Asia
Constitutional Courts in Asia

Author: Hongyi Chen

Publisher: Cambridge University Press

Published: 2018-09-20

Total Pages: 407

ISBN-13: 110719508X

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A comparative, systematic and critical analysis of constitutional courts and constitutional review in Asia.

Administrative Law and Governance in Asia
Administrative Law and Governance in Asia

Author: Tom Ginsburg

Publisher: Routledge

Published: 2008-10-30

Total Pages: 395

ISBN-13: 1135970645

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This book examines administrative law throughout Asia, exploring the profound changes in many legal regimes that have occurred. It shows how many states have shifted towards a more market-oriented regulatory state model, involving a greater role for judges and law-like processes, and explores the profound implications of this for policy-making.

Europeanization of Judicial Review
Europeanization of Judicial Review

Author: Nicola Ch. Corkin

Publisher: Routledge

Published: 2014-11-13

Total Pages: 225

ISBN-13: 113468049X

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Europeanization of Judicial Review argues that the higher complexity of the political framework in which laws are made today leads to less well-designed laws and loop-holes, allowing politicians to leave decisions to the courts. The higher complexity of the political framework is a result of the need in the EU to consider both national and European legal and political rules when phrasing new laws. Both to decrease the complexity in the design of legislation and to preserve the ideal of the rule of law, the courts now are more likely to rule laws unconstitutional. The book employs a wide range of quantitative and qualitative methods to collect new data about the German, Austrian, and Italian constitutional courts over the last four decades. These three courts have a comparable history, theoretical background, and structure while differing in two key components: length of EU membership and legitimacy perception. Corkin employs multi-method research based on over fifty interviews with judges, politicians and civil servants; content analysis of abstract judicial review cases over three decades; and a database of over 300 variables relating to the courts and their surroundings. Her data reveals that in abstract judicial review, and in the wider political arena, political culture has become more confrontational due to attitude changes in politicians and judges. These attitude changes can be directly linked to the EU and have wide-ranging implications for legitimacy, democracy and political methodology. Presenting a bridge between the revitalized realist and legalist debate, Europeanization of Judicial Review will contribute to socio-legal theory, literature on comparative courts, and both new institutionalism and Europeanization theory.