Constitutional Courts in Asia PDF Download

Author: Hongyi Chen
Publisher: Cambridge University Press
ISBN: 110719508X
Category : Law
Languages : en
Pages : 407

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

Author: Marie Seong-Hak Kim
Publisher: Cambridge University Press
ISBN: 9781108465571
Category : Law
Languages : en
Pages : 361

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Book Description
This book looks at the history of the courts in South Korea from 1945 to the contemporary period. It sets forth the evolution of the judicial process and jurisprudence in the context of the nation's political and constitutional transitions. The focus is on constitutional authoritarianism in the 1970s under President Park Chung Hee, when judges faced a positivist crisis as their capacity to protect individual rights and restrain the government was impaired by the constitutional language. Caught between the contending duties of implementing the law and pursuing justice, the judges adhered to formal legal rationality and preserved the fundamental constitutional order, which eventually proved essential in the nation's democratization in the late 1980s. Addressing both democratic and authoritarian rule of law, this volume prompts fresh debate on judicial restraint and engagement in comparative perspectives.

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: Seokwoo Lee
Publisher: BRILL
ISBN: 9004415823
Category : Law
Languages : en
Pages : 343

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Book Description
Launched in 1991, the Asian Yearbook of International Law is a major internationally-refereed yearbook dedicated to international legal issues as seen primarily from an Asian perspective. It is published under the auspices of the Foundation for the Development of International Law in Asia (DILA) in collaboration with DILA-Korea, the Secretariat of DILA, in South Korea. When it was launched, the Yearbook was the first publication of its kind, edited by a team of leading international law scholars from across Asia. It provides a forum for the publication of articles in the field of international law and other Asian international legal topics. The objectives of the Yearbook are two-fold: First, to promote research, study and writing in the field of international law in Asia; and second, to provide an intellectual platform for the discussion and dissemination of Asian views and practices on contemporary international legal issues. Each volume of the Yearbook contains articles and shorter notes; a section on Asian state practice; an overview of the Asian states’ participation in multilateral treaties and succinct analysis of recent international legal developments in Asia; a bibliography that provides information on books, articles, notes, and other materials dealing with international law in Asia; as well as book reviews. This publication is important for anyone working on international law and in Asian studies. The 2017 edition of the Yearbook is a special volume that has articles highlighting current international legal issues facing particular Asian states.

Author: Chae-hak Ham
Publisher: Cambridge University Press
ISBN: 110701882X
Category : Law
Languages : en
Pages : 329

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Book Description
This book examines Japan and Korea's post-World War II constitutional history to challenge enduring assumptions about the nature of constitution-making.

Author: Erik Mobrand
Publisher: University of Washington Press
ISBN: 0295745487
Category : History
Languages : en
Pages : 215

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Book Description
While popular movements in South Korea rightly grab the headlines for forcing political change and holding leaders to account, those movements are only part of the story of the construction and practice of democracy. In Top-Down Democracy in South Korea, Erik Mobrand documents another part – the elite-led design and management of electoral and party institutions. Even as the country left authoritarian rule behind, elites have responded to freer and fairer elections by entrenching rather than abandoning exclusionary practices and forms of party organization. Exploring South Korea’s political development from 1945 through the end of dictatorship in the 1980s and into the twenty-first century, Mobrand challenges the view that the origins of the postauthoritarian political system lie in a series of popular movements that eventually undid repression. He argues that we should think about democratization not as the establishment of an entirely new system, but as the subtle blending of new formal rules with earlier authority structures, political institutions, and legitimizing norms.

Author: Keun Namkoong
Publisher: Taylor & Francis
ISBN: 1351847597
Category : Business & Economics
Languages : en
Pages : 323

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Book Description
The present Korean public administration and policy system has shown very significant differences compared to the system in 1970s. This book provides a comprehensive and holistic view on the development of Korean public policy and administration. Instead of dichotomizing the policy and administration, this book integrates two fields to provide a more holistic view on the Korean public sector. The book also attempts to overcome simplified explanations on the developmental state theory. The book aims to explain who the key actors are during the post-democratization period, how the administrative systems reform, and what kinds of social problems are transformed into public policies. This explanation suggests that the role of government shifts from a dominant actor to an actor within a complex network governance. This book will be a useful reference to anyone who wishes to learn more about the experience of the Korean development and the role of administration and policy.

Author: Tom Ginsburg
Publisher: Routledge
ISBN: 1134326793
Category : Political Science
Languages : en
Pages : 273

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Book Description
Law in Korea has historically been viewed as merely a tool of authoritarian rule, but since the transition to democracy in 1987 it has served a more important and visible role as a force for social change. With contributions from leading US and Korean scholars, Legal Reform in Korea explores this response to domestic and international pressures, applying a socio-legal perspective to both legal practices and the legal institutions themselves, which have become a major political issue throughout the developing world. An invaluable resource for students of Asian law and Korean studies.

Author: Laurent Mayali
Publisher: Robbins Collection
ISBN: 9781882239221
Category : Constitutional law
Languages : en
Pages : 212

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Book Description
This volume is the first in a series of comparative studies that focuses on Korea's legal system and its political institutions under the sponsorship of the Korea Law Center at UC Berkeley Law School. Korea has experienced an astonishing pace of legal reforms within an interval of two generations. The collapse of the authoritarian regime started an irreversible process of democratization that has not yet completed its full course. The papers included in this volume cast new lights on the challenges and institutions that define the substance and the structure of current legal reforms. Although it is not the purpose of this volume to provide a comprehensive report on the current state of Korean law, the selective range of the themes is not a simple happenstance. It is representative of the current political debate which echoes the Korean society's determination to resolve the paradoxes of its legal tradition and overcome the trials of its democratic aspirations.

Author: Soong Hoom Kil
Publisher: State University of New York Press
ISBN: 0791491013
Category : Political Science
Languages : en
Pages : 383

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Book Description
Essential reading for anyone interested in contemporary Korea and East Asia, this book provides a comprehensive and balanced introduction to contemporary Korean politics. It explicates the great changes in South Korea, which has gone from being one of the poorest nations to a proud member of the Organization for Economic Development and Cooperation while making the transition to democracy. The work focuses on the geopolitical and cultural setting, historical evolution, institutional foundation, dynamics of political leadership, and political and administrative processes of Korean politics. It also features chapters on political determinants of the rise and decline of the Korean economy, foreign and unification policy of South Korea, and political development and decay in North Korea.