Comparative Studies On The Judicial Review System In East And Southeast Asia PDF Download
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| Author | : Yong Zhang |
| Publisher | : Martinus Nijhoff Publishers |
| Total Pages | : 345 |
| Release | : 2023-09-29 |
| Genre | : Law |
| ISBN | : 9004636420 |
Download Comparative Studies on the Judicial Review System in East and Southeast Asia Book in PDF, ePub and Kindle
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.
| Author | : International Institute for Asian Studies |
| Publisher | : Springer |
| Total Pages | : 360 |
| Release | : 1997 |
| Genre | : Law |
| ISBN | : |
Download Comparative Studies on the Judicial Review System in East and Southeast Asia Book in PDF, ePub and Kindle
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.
| Author | : Yong Zhang |
| Publisher | : Martinus Nijhoff Publishers |
| Total Pages | : 276 |
| Release | : 1999-01-28 |
| Genre | : Law |
| ISBN | : 9789041110749 |
Download Comparative Studies on Governmental Liability in East and Southeast Asia Book in PDF, ePub and Kindle
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.
| Author | : Yong Zhang |
| Publisher | : Martinus Nijhoff Publishers |
| Total Pages | : 272 |
| Release | : 2023-09-20 |
| Genre | : Law |
| ISBN | : 9004632913 |
Download Comparative Studies on Governmental Liability in East and Southeast Asia Book in PDF, ePub and Kindle
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.
| Author | : Albert H. Y. Chen |
| Publisher | : Cambridge University Press |
| Total Pages | : 407 |
| Release | : 2018-09-20 |
| Genre | : Law |
| ISBN | : 110719508X |
Download Constitutional Courts in Asia Book in PDF, ePub and Kindle
A comparative, systematic and critical analysis of constitutional courts and constitutional review in Asia.
| Author | : Yong Zhang |
| Publisher | : Springer |
| Total Pages | : 360 |
| Release | : 1996-12-18 |
| Genre | : Law |
| ISBN | : 9789041103529 |
Download Comparative Studies on the Judicial Review System in East and Southeast Asia Book in PDF, ePub and Kindle
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.
| Author | : Adiaan Bedner |
| Publisher | : BRILL |
| Total Pages | : 315 |
| Release | : 2021-09-06 |
| Genre | : Law |
| ISBN | : 9004481990 |
Download Administrative Courts in Indonesia Book in PDF, ePub and Kindle
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.
| Author | : |
| Publisher | : |
| Total Pages | : 180 |
| Release | : 2016 |
| Genre | : |
| ISBN | : 9789176710524 |
Download Judicial Review Systems in West Africa: a Comparative Analysis Book in PDF, ePub and Kindle
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.
| Author | : Aurel Croissant |
| Publisher | : Springer |
| Total Pages | : 442 |
| Release | : 2017-12-26 |
| Genre | : Political Science |
| ISBN | : 3319681826 |
Download Comparative Politics of Southeast Asia Book in PDF, ePub and Kindle
This textbook provides a comprehensive introduction to the political systems of all ASEAN countries and Timor-Leste from a comparative perspective. It investigates the political institutions, actors and processes in eleven states, covering democracies as well as autocratic regimes. Each country study includes an analysis of the current system of governance, the party and electoral system, and an assessment of the state, its legal system and administrative bodies. Students of political science and regional studies will also learn about processes of democratic transition and autocratic persistence, as well as how civil society and the media influence the political culture in each country.
| Author | : Andrew Harding |
| Publisher | : Routledge |
| Total Pages | : 589 |
| Release | : 2010-01-21 |
| Genre | : Law |
| ISBN | : 113518271X |
Download New Courts in Asia Book in PDF, ePub and Kindle
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.
