Search all library resources

New courts in Asia

This book discusses legal reforms across Asia involving the creation of new courts over the last 20 years, and examines to what extent they have succeeded or failed. During this period there have been numerous instances of the creation of new courts in Asia. These 'new courts' are mainly specialist courts, which have a specific jurisdiction, whether that is over cases involving intellectual property disputes, bankruptcy petitions, commercial contracts, public law adjudication, personal law issues, labour or industrial disputes. This trend has clearly intensified since the economic crisis of 1997/8 and the consequent emphasis on good governance and commercial dispute resolution. The justification of this trend towards 'judicialization' has been that implementation of Western-style rule of law is necessary for the development of the market economy, democratization, good governance and the upholding of human rights.Adopting an explicitly comparative perspective, and contrasting the experiences of important Asian states including China, Japan, Korea, Malaysia 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; and, what are the broader implications of the trend towards the adoption of judicial solutions to economic, social and political problems. In addition, it considers critics of court building who allege that it is a Western agenda that does not serve local interests, and that the emphasis on judicialization marginalises alternative local and traditional modes of dispute resolution. This book will not only be of interest to legal scholars and practitioners, but also to development specialists, economists and political scientists.

Constitutional courts in Asia : a comparative perspective

"The founding of a constitutional court is often an indication of a chosen path of constitutionalism and democracy. It is no coincidence that most of the constitutional courts in East and Southeast Asia were established at the same time as the transition of the countries concerned from authoritarianism to liberal constitutional democracy. This book...[provides] systematic narratives and analysis of Asian experiences of constitutional courts and related developments, and to introduce comparative, historical and theoretical perspectives on these experiences, as well as debates on the relevant issues in countries that do not as yet have constitutional courts."--The founding of a constitutional court is often an indication of a chosen path of constitutionalism and democracy. It is no coincidence that most of the constitutional courts in East and Southeast Asia were established at the same time as the transition of the countries concerned from authoritarianism to liberal constitutional democracy. This book is the first to provide systematic narratives and analysis of Asian experiences of constitutional courts and related developments, and to introduce comparative, historical and theoretical perspectives on these experiences, as well as debates on the relevant issues in countries that do not as yet have constitutional courts. This volume makes a significant contribution to the systematic and comparative study of constitutional courts, constitutional adjudication and constitutional developments in East and Southeast Asia and beyond.

Constitutional courts in Asia : a comparative perspective

The founding of a constitutional court is often an indication of a chosen path of constitutionalism and democracy. It is no coincidence that most of the constitutional courts in East and Southeast Asia were established at the same time as the transition of the countries concerned from authoritarianism to liberal constitutional democracy. This book is the first to provide systematic narratives and analysis of Asian experiences of constitutional courts and related developments, and to introduce comparative, historical and theoretical perspectives on these experiences, as well as debates on the relevant issues in countries that do not as yet have constitutional courts. This volume makes a significant contribution to the systematic and comparative study of constitutional courts, constitutional adjudication and constitutional developments in East and Southeast Asia and beyond.

Online Cambridge Core

PWR 1SPA: Character, Consequence, Conversation: Writing and Ethics

Special collections: East Asia

The Stanford East Asia Library holds robust special collections of rare Chinese, Japanese, and Korean materials. Learn more about our collections and how to access them, including procedures for using the reading room.

Stanford Libraries receives a remarkable East Asian information technology collection

New Korean Studies Librarian Jee-Young Park