tailieunhanh - Administrative Law and Governance in Asia

The phenomenon of judicialization is attracting increasing attention in socio-legal studies. In a wide variety of countries and settings, courts and court-like processes are playing an increasingly important role in politics and society. The causes of this trend are complex, and not completely understood. Nor, we are quick to point out, is the trend a universal one. Nevertheless, we believe the growing role of courts is significant enough to warrant further examination. We take as our target of inquiry administrative law, governance and regulation, and focus on a particular region of the world, East and Southeast Asia. Although a number of studies have examined judicialization in other regions. | ADMINISTRATIVE LAW AND GOVERNANCE IN ASIA Comparative perspectives Edited by Tom Ginsburg and Albert . Chen Administrative Law and Governance in Asia Comparative perspectives 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. A more market-oriented regulatory state model seems to be emerging in many jurisdictions with emphases on transparency publicity and constrained discretion. The book analyzes 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 jurisdictions 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 toward regulatory models of the state involving a greater role forjudges 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. Tom Ginsburg is Professor of Law at the University of Chicago. His research interests focus on comparative public law international law law and development and East Asia. His publications include Institutions and Public Law 2005 co-editor .