Administrative Law and Governance in Asia: Comparative Perspectives / Edition 1

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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 democratizaion 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. The 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 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 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.
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Product Details

  • ISBN-13: 9780415776837
  • Publisher: Taylor & Francis
  • Publication date: 11/30/2008
  • Series: Routledge Law in Asia Series
  • Edition number: 1
  • Pages: 400
  • Product dimensions: 0.62 (w) x 0.92 (h) x 1.10 (d)

Meet the Author

Tom Ginsburg is Professor of Law at the University of Chicago. His research interests focus on comparative public law, international law, law and development, East Asia. His publications include Institutions and Public Law (2005, co-editor), International Commercial Arbitration in Asia (2002, 2nd edition 2005, co-editor), Legal Reform in Korea (2004, editor) and Judicial Review in New Democracies (2003).

Albert H.Y. Chen is Chan Professor in Constitutional Law, Faculty of Law, University of Hong Kong. His research interests include constitutional law, comparative law, and legal and political philosophy. His publications include The Basic Law and Hong Kong’s Future (1988, co-editor), An Introduction to the Legal System of the People’s Republic of China (3rd ed 2004), and Human Rights in Asia (Routledge 2006, co-editor).

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Table of Contents

List of Contributors vii

Preface Albert H.Y. Chen Tom Ginsburg ix

1 The judicialization of administrative governance: causes, consequences and limits Tom Ginsburg 1

Part I General perspectives 21

2 On the regulatory dynamics of judicialization: the promise and perils of exploring "judicialization" in East and Southeast Asia Michael W. Dowdle 23

3 Agencification, regulation and judicialization: American exceptionalism and other ways of life Colin Scott 38

4 Riding the accountability wave? Accountability communities and new modes of governance Kanishka Jayasuriya 59

Part II Northeast Asia and Greater China 79

5 Administrative law and judicialized governance in Japan Hitoshi Ushijima 81

6 Government reform, judicialization, and the development of public law in the Republic of Korea Jongcheol Kim 101

7 Democracy-driven transformation to regulatory state: the case of Taiwan Jiunn-Rong Yeh 127

8 Administrative law, politics and governance: the Hong Kong experience Johannes Chan 143

9 More law, less courts: legalized governance, judicialization, and dejudicialization in China Randall Peerenboom 175

Part III Southeast Asia 203

10 The juridification of administrative complaints and review in Vietnam John Gillespie 205

11 The emergence of administrative justice in Thailand under the 1997 Constitution Peter Leyland 230

12 Administrative law and judicialized governance in Malaysia: the Indian connection Gan Ching Chuan 257

13 The judicialization of governance: the case of Singapore Jolene Lin 287

14 "Government by judiciary" in the Philippines: ideological and doctrinal framework Raul C. Pangalangan 313

15 Administrative lawand judicial review in Indonesia: the search for accountability Stewart Fenwick 329

16 Conclusion: reflections on administrative law and judicialized governance in East and Southeast Asia Albert H.Y. Chen 359

Index 381

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