Asia-Pacific Judiciaries PDF Download

Author: H. P. Lee
Publisher: Cambridge University Press
ISBN: 1107137721
Category : Law
Languages : en
Pages : 473

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Book Description
Explores judicial independence, integrity and impartiality in Asia-Pacific countries.

Author: Kanishka Jayasuriya
Publisher: Routledge
ISBN: 1134738250
Category : Social Science
Languages : en
Pages : 364

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Book Description
A challenging and provocative book that contests the liberal assumption that the rule of law will go hand in hand with a transition to market-based economies and even democracy in East Asia. Using case studies from Hong Kong, China, Indonesia, Malaysia, Taiwan, Japan and Vietnam, the authors argue that the rule of law is in fact more likely to provide political elites with the means closely to control civil society. It is essential, therefore, to locate conceptions of judicial independence and the rule of law more generally within the ideological vocabulary of the state.

Author: Australasian Institute of Judicial Administration Inc
Publisher:
ISBN: 9781875527496
Category : Judges
Languages : en
Pages : 35

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Book Description

Author: Shimon Shetreet
Publisher: Martinus Nijhoff Publishers
ISBN: 9789024731824
Category : Law
Languages : en
Pages : 728

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Book Description
This study discusses the many different aspects of judicial independence in Israel. It begins with an historical analysis of the concept of judicial independence in a comparative perspective, emphasizing the conceptual roots of the judiciary in Jewish law. Recent decades have witnessed a marked increase in the role played by the judiciary in society. This general trend is apparent in Israel, where the highly significant social role played by the judiciary has been on the increase for some years. The constitutional role of the judiciary in society is more pronounced in countries where the courts are empowered to review the constitutionality of legislative acts. In Israel the power of judicial review, in decisions of the Supreme Court, has been applied in a number of cases in which legislation of the Israeli Parliament, the Knesset, has been set aside. The increasingly prominent role of the judiciary in Israel is further manifested by the frequent recourse to judicial commissions of inquiry, chaired by judges who are often called upon to examine some of the major public controversies.

Author: Johannes M.M. Chan
Publisher: Hong Kong University Press
ISBN: 9622095097
Category : Law
Languages : en
Pages : 549

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Book Description
This book explores legal and constitutional issues in Hong Kong's relationship with mainland China through an analysis of the litigation on the right of abode of the children of Hong Kong residents who are born and live in the mainland. The litigation in the Hong Kong courts and the subsequent interpretation by the Standing Committee of the National People's Congress were followed with keen interest both locally and internationally, and had provoked great controversy. The differing approaches to and styles of interpretation of the Court and the Standing Committee provide a vivid demonstration of the clash of legal systems within which Hong Kong's constitutional system has to operate. These issues are discussed in this book by Hong Kong's leading legal scholars and practitioners. This book offers perspectives to solve these controversies and to develop an acceptable approach to the interpretation of the Basic Law. It captures the sustained public debate on constitutional issues and provides a historical record of this constitutional debate. It also contains the full texts of the decision of the Court and the Interpretation by the Standing Committee.

Author: Steve Yui-Sang Tsang
Publisher: Hong Kong University Press
ISBN: 9789622095397
Category : Law
Languages : en
Pages : 230

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Book Description
'this certainly is a good and important book that deserves to be read. the rule of law is one of the corner-stones of Hong Kong's success. Here, the situation of the rule of law in Hong Kong is subject to a minute analysis by the author. the results are i

Author: Simon N. M. Young
Publisher: Cambridge University Press
ISBN: 1107011213
Category : Law
Languages : en
Pages : 739

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Book Description
In the years since it was established on 1 July 1997, Hong Kong's Court of Final Appeal has developed a distinctive body of new law and doctrine with the help of eminent foreign common law judges. Under the leadership of Chief Justice Andrew Li, it has also remained independent under Chinese sovereignty and become a model for other Asian final courts working to maintain the rule of law, judicial independence and professionalism in challenging political environments. In this book, leading practitioners, jurists and academics examine the Court's history, operation and jurisprudence, and provide a comparative analysis with European courts and China's other autonomous final court in Macau. It also makes use of extensive empirical data compiled from the jurisprudence to illuminate the Court's decision-making processes and identify the relative impacts of the foreign and local judges.

Author: Jiunn-rong Yeh
Publisher: Cambridge University Press
ISBN: 1107066085
Category : Law
Languages : en
Pages : 633

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Book Description
Analyzes courts in fourteen selected Asian jurisdictions to provide the most up-to-date and comprehensive interdisciplinary book available.

Author: A. Hunold
Publisher: Springer Science & Business Media
ISBN: 9401036659
Category : Philosophy
Languages : en
Pages : 287

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Book Description
caused in the western camp. A further factor which operates to our disadvantage is the fact that in our democracies the role played by the mass of uprooted humanity is becoming increasingly important, and the problem of control and guidance of the masses still seems to be far from being solved. To all these burning questions an answer is given in this volume, Freedom and Serfdom, which contains a selection from the best contributions of world-renowned social economists, sociologists, philosophers and exponents of the political sciences, published for the first time in the English language. It is at this very moment that a work such as this, dedicated to the moral and intellectual struggle against communism and an analysis of our own democratic institu tions, is of particular and urgent importance. For it is imperative, surely, that we should use to the best possible advantage the relatively short time vouchsafed us by the sobering effects of the Paris con ference, before our opponents succeed once again in lulling us into a sense of complacent security. The purpose of this volume is not only to make a contribution towards the scientific clarification of some of the burning problems of the age, but also to instil a sense of urgency and vigilance, particularly in the younger generation, and to imbue them with courage and an eager readiness to fight for the ideals of the western world.

Author: Michael Davis
Publisher:
ISBN: 9781952636134
Category :
Languages : en
Pages :

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Book Description
How can one of the world's most free-wheeling cities transition from a vibrant global center of culture and finance into a subject of authoritarian control?As Beijing's anxious interference has grown, the "one country, two systems" model China promised Hong Kong has slowly drained away in the yearssince the 1997 handover. As "one country" seemed set to gobble up "two systems," the people of Hong Kong riveted the world's attention in 2019 by defiantly demanding the autonomy, rule of law and basic freedoms they were promised. In 2020, the new National Security Law imposed by Beijing aimed to snuff out such resistance. Will the Hong Kong so deeply held in the people's identity and the world's imagination be lost? Professor Michael Davis, who has taught human rights and constitutional law in this city for over three decades, and has been one of its closest observers, takes us on this constitutional journey.