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Confucian Constitutionalism in East Asia

Confucian Constitutionalism in East Asia Author Bui Ngoc Son
ISBN-10 9781317529057
Release 2016-02-12
Pages 226
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Western liberal constitutionalism has expanded recently, with, in East Asia, the constitutional systems of Japan, South Korea and Taiwan based on Western principles, and with even the socialist polities of China and Vietnam having some regard to such principles. Despite the alleged universal applicability of Western constitutionalism, however, the success of any constitutional system depends in part on the cultural values, customs and traditions of the country into which the constitutional system is planted. This book explains how the values, customs and traditions of East Asian countries are Confucian, and discusses how this is relevant to constitutional practice in the region. The book outlines how constitutionalism has developed in East Asia over a long period, considers different scholarly work on the ease or difficulty of integrating Western constitutionalism into countries with a Confucian outlook, and examines the prospects for such integration going forward. Throughout, the book covers detailed aspects of Confucianism and the workings of constitutions in practice.



Public Reason Confucianism

Public Reason Confucianism Author Sungmoon Kim
ISBN-10 9781316592076
Release 2016-04-21
Pages 276
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Recent proposals concerning Confucian meritocratic perfectionism have justified Confucian perfectionism in terms of political meritocracy. In contrast, 'Confucian democratic perfectionism' is a form of comprehensive Confucian perfectionism that can accommodate a plurality of values in civil society. It is also fully compatible with core values of democracy such as popular sovereignty, political equality, and the right to political participation. Sungmoon Kim presents 'public reason Confucianism' as the most attractive option for contemporary East Asian societies that are historically and culturally Confucian. Public reason Confucianism is a particular style of Confucian democratic perfectionism in which comprehensive Confucianism is connected with perfectionism via a distinctive form of public reason. It calls for an active role for the democratic state in promoting a Confucian conception of the good life, at the heart of which are such core Confucian values as filial piety and ritual propriety.



Routledge Handbook of Democratization in East Asia

Routledge Handbook of Democratization in East Asia Author Tun-jen Cheng
ISBN-10 9781317559245
Release 2017-09-01
Pages 532
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This handbook provides a comprehensive analysis of the dynamics and prospects of democratization in East Asia. A team of leading experts in the field offers discussion at both the country and regional level, including analysis of democratic attitudes and movements in China, Japan, South Korea, and Taiwan. Evaluating all the key components of regime evolution, from citizen politics to democratic institutions, the sections covered include: • Regional Trends and Country Overviews • Institutions, Elections, and Political Parties • Democratic Citizenship • Democratic Governance • The Political Economy of Democratization Examining the challenges that East Asian emerging democracies still face today, as well as the prospects of the region's authoritarian regimes, the Routledge Handbook of Democratization in East Asia will be useful for students and scholars of East Asian Politics, Comparative Politics, and Asian Studies.



Politics and Constitutions in Southeast Asia

Politics and Constitutions in Southeast Asia Author Marco Bünte
ISBN-10 9781317537663
Release 2016-07-15
Pages 374
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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.



Routledge Handbook of Politics in Asia

Routledge Handbook of Politics in Asia Author Shiping Hua
ISBN-10 9781317238737
Release 2018-03-15
Pages 624
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The Routledge Handbook of Politics in Asia is designed to serve as a comprehensive reference guide to politics in Asia. Covering East, South, Southeast, and Central Asia, this handbook brings together the work of leading international academics to cover the political histories, institutions, economies, and cultures of the region. Taking a comparative approach, it is divided into four parts, including: A thorough introduction to the politics of the four regions of Asia from the perspectives of democratization, foreign policy, political economy, and political culture. An examination of the "Big Three" of Asia – China, India, and Japan – focusing on issues including post-Mao reform, China’s new world outlook, Indian democracy, and Japanese foreign policy. A discussion of important contemporary issues, such as human rights, the politics of the internet, security, nationalism, and geopolitics. An analysis of the relationship between politics and certain theoretical ideas, such as Confucianism, Hinduism, socialist constitutionalism, and gender norms. As an invaluable and all-inclusive resource, this handbook will be useful for students, scholars, researchers, and practitioners of Asian politics and comparative politics.



Law and Society in Malaysia

Law and Society in Malaysia Author Andrew Harding
ISBN-10 9781351357654
Release 2018-01-02
Pages 242
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This book provides a systematic and interdisciplinary examination of law and legal institutions in Malaysia. It examines legal issues from historical, social, and political perspectives, and discusses the role of law in relation to Malaysian multiculturalism, religion, politics, and society. It shows how the Malaysian legal system is at the heart of debates about how to deal with the country's problems, which include ethnic and religious divisions, uneven and unsustainable development, and political authoritarianism; and it argues that the Malaysian legal system has much to teach other plural polities, nations within the common law tradition, and federal states.



Asian Discourses of Rule of Law

Asian Discourses of Rule of Law Author Randall P. Peerenboom
ISBN-10 0415326125
Release 2004-01
Pages 479
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Rule of law is one of the pillars of the modern world, and widely considered necessary for sustained economic development, the implementation of democracy and the protection of human rights. It has however emerged in Western liberal democracies, and some people question how far it is likely to take root fully in the different cultural, economic and political context of Asia. This book considers how rule of law is viewed and implemented in Asia. Chapters on France and the USA provide a benchmark on how the concept has evolved, is applied and is implemented in a civil law and a common law jurisdiction. These are then followed by twelve chapters on the major countries of East Asia, and India, which consider all the key aspects of this important issue.



Political Change in South East Asia

Political Change in South East Asia Author Michael R.J Vatikiotis
ISBN-10 9781134829118
Release 2005-06-21
Pages 248
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Political Change in South-East Asia takes up the debate between those who resist the pressure for democracy and point to unchanging 'Asian' values, and those who believe that the appeal of democracy is universal. The author examines the case for both sides and concludes that the strong state will be a fixture of South-East Asian politics for some considerable time to come. Increasingly close links between the ten states of South-East Asia are likely to reinforce perceptions of a common culture and in the end put up more effective defences against external cultural influence.



Public Policy in the Asian Century

Public Policy in the  Asian Century Author Sara Bice
ISBN-10 9781137602527
Release 2017-12-16
Pages 348
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This volume explores the defining features, critical approaches, challenges and opportunities for public policy in the ‘Asian Century’. This is the first book to systematically analyse the key institutions and practices that comprise public policy, administration and governance to investigate how they are changing in the context of increasing Asian influence. Its authors argue that the Asian Century holds the potential to generate a paradigm shift equivalent to the impacts of neo-liberalism and the New Public Management of the late 20th century. Divided into three parts, this volume interrogates the theories underpinning contemporary public policy; explores case studies from different policy arenas across the Asian region; and imagines what a future of globalised public policy might look like. It examines the implementation measures necessary to support policy and administration in an era of transnational governance networks, tightly linked economic markets and progressively fluid cultural exchanges. This book provides the concepts and tools necessary to navigate these shifting sands successfully. It is essential reading for scholars of public policy, public management, international relations, and politics and social sciences, as well as for administrators and public servants.



Human Rights in Asia

Human Rights in Asia Author Randall Peerenboom
ISBN-10 9781134238804
Release 2006-09-27
Pages 544
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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.



Constitutionalism in Asia

Constitutionalism in Asia Author Wen-Chen Chang
ISBN-10 9781782252238
Release 2014-02-19
Pages 1170
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This book of text, cases and materials from Asia is designed for scholars and students of constitutional law and comparative constitutional law. The book is divided into 11 chapters, arranged thematically around key ideas and controversies, enabling the reader to work through the major facets of constitutionalism in the region. The book begins with a lengthy introduction that critically examines the study of constitutional orders in 'Asia', highlighting the histories, colonial influences, and cultural particularities extant in the region. This chapter serves both as a provisional orientation towards the major constitutional developments seen in Asia – both unique and shared with other regions – and as a guide to the controversies encountered in the study of constitutional law in Asia. Each of the following chapters is framed by an introductory essay setting out the issues and succinctly highlighting critical perspectives and themes. The approach is one of 'challenge and response', whereby questions of constitutional importance are posed and the reader is then led, by engaging with primary and secondary materials, through the way the various Asian states respond to these questions and challenges. Chapter segments are accompanied by notes, comments and questions to facilitate critical and comparative analysis, as well as recommendations for further reading.The book presents a representative range of Asian materials from jurisdictions including: Bangladesh, China, Hong Kong, India, Japan, Mongolia, Nepal, Pakistan, South Korea, Sri Lanka , Taiwan, Timor-Leste and the 10 ASEAN states.



Administrative Law and Governance in Asia

Administrative Law and Governance in Asia Author Tom Ginsburg
ISBN-10 9781135970635
Release 2008-10-30
Pages 400
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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.



Institutions Public Law

Institutions   Public Law Author Tom Ginsburg
ISBN-10 0820474770
Release 2005-01-01
Pages 324
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"Institutions & Public Law: Comparative Approaches" is a set of essays on the politics of law and courts by leading public law scholars in the United States, Europe, and Latin America. The essays share the view that understanding courts requires attention to the political dynamics that shape judicial design and authority, as well as the position of courts within the broader political system. This volume is essential reading for undergraduate and graduate courses in judicial politics.



Constitutionalism in Asia in the Early Twenty First Century

Constitutionalism in Asia in the Early Twenty First Century Author Albert H. Y. Chen
ISBN-10 9781107043411
Release 2014-04-17
Pages 449
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A systematic and up-to-date account of constitutional developments in sixteen Asian countries, including analysis from a comparative perspective.



Legal Reforms in China and Vietnam

Legal Reforms in China and Vietnam Author John Gillespie
ISBN-10 9781136978425
Release 2010-09-13
Pages 392
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Although the adoption of market reforms has been a key factor leading to China’s recent economic growth, China continues to be governed by a communist party and has a socialist-influenced legal system. Vietnam, starting later, also with a socialist-influenced legal system, has followed a similar reform path, and other countries too are now looking towards China and Vietnam as models for development. This book provides a comprehensive, comparative assessment of legal developments in China and Vietnam, examining similarities and differences, and raising important questions such as: Is there a distinctive Chinese model, and/or a more general East Asian Model? If so, can it be flexibly applied to social and economic conditions in different countries? If it cannot be applied to a culturally and politically similar country like Vietnam, is the model transportable elsewhere in the world? Combining ‘micro’ or interpretive methods with ‘macro’ or structural traditions, the book provides a nuanced account of legal reforms in China and Vietnam, highlighting the factors likely to promote, change or resist the spread of the Chinese model.



East Asian Democratization

East Asian Democratization Author Robert W. Compton
ISBN-10 0275964469
Release 2000-01-01
Pages 208
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What is the future of Asian democracy? The Asian Crisis and ongoing globalization suggest that traditional governance is increasingly questioned. Compton explores Asian politics through a cultural lens, and he tests an Asian political development model through quantitative analysis and comparative case studies of Japan, South Korea, and Thailand.



Law and Development in Asia

Law and Development in Asia Author Gerald Paul McAlinn
ISBN-10 9781136517105
Release 2012-03-15
Pages 360
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This book fills a gap in the literature by presenting a comprehensive overview of the key issues relating to law and development in Asia. Over recent decades, experts in law and development have produced multiple theories on law and development, none of which were derived from close study of Asian countries, and none of which fit very well with the existing evidence of how law actually functioned in these countries during periods of rapid economic development. The book discusses the different models of law and development, including both the developmental state model of the 1960s and the neo-liberal model of the 1980s, and shows how development has worked out in practice in relation to these models in a range of Asian countries, including Japan, Korea, China, Thailand, Singapore, India and Mongolia. Particular themes examined include constitutionalism, judicial and legal reform; labour law; the growing importance of private rights; foreign investment and the international law of development. Reflecting the complexity of Asian law and society, both those who believe in an "Asian Way" which is radically different from law and development in other parts of the world, as well as those who believe the arc of law and development is essentially universal, will find support in this book.