Asian Courts in Context

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Asian Courts in Context

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The rise of Asia in global political and economic developments has been facilitated in part by a profound transformation of Asian courts. This book provides the most up-to-date and comprehensive analysis of these courts, explaining how their structures differ from courts in the West and how they have been shaped by the current challenges facing Asia. Contributors from across the continent analyze fourteen selected Asian jurisdictions representing varying degrees of development: Japan, Korea, Taiwan, India, Indonesia, Mongolia, the Philippines, Hong Kong, Singapore, Bangladesh, Malaysia, Thailand, China and Vietnam. Setting the courts of each region in the context of their country's economic, political, and social dynamics, this book shows how and why Asian courts have undergone such profound transformations in recent years and predicts the future trajectories of tradition, transition and globalization to suggest the challenges and developments that lie ahead.

• The first book in English to provide a comprehensive overview of Asian courts in the context of current global and regional developments • Reveals the impact of democratic transitions, economic development, and judicialization upon the changing functions of Asian courts • Analyzes the roles of Asian courts in judicial systems, covering topics including dispute resolution, judicial appointments, and judicial independence

1. Introduction: Asian courts in context: tradition, transition and globalization Jiunn-rong Yeh and Wen-Chen Chang; Part I: 2. Towards a more responsive judiciary: courts and judicial power in Japan Norikazu Kawagishi; 3. Courts in the Republic of Korea: featuring a built-in authoritarian legacy of centralization and bureaucratization Jongcheol Kim; 4. Courts and judicial reform in Taiwan: gradual transformations towards the guardian of constitutionalism and rule of law Wen-Chen Chang; 5. Hong Kong: common law courts in China Pui Yin Lo; 6. As efficient as the best businesses: Singapore's judicial system Kevin Y. L. Tan; Part II: 7. Legitimacy of courts and the dilemma of their proliferation: the significance of judicial power in India Jayanth Krishnan; 8. Courts in Indonesia: a mix of Western and local character Hikmahanto Juwana; 9. The fledgling courts and adjudication system in Mongolia Batbold Amarsanaa; 10. The Philippines' post-Marcos judiciary: the institutional turn in a populist democracy Raul C. Pangalangan; 11. Courts in Malaysia and judiciary initiated reforms Yeow Choy Choong; 12. Courts in Thailand: progressive development as the country's pillar of justice Pawat Satayanurug and Nattaporn Nakornin; 13. Courts and the adjudication system in Bangladesh: in quest of viable reforms Ridwanul Hoque; 14. Courts in China: judiciary in the economic and societal transitions Weixia Gu; 15. Renovating courts: the role of courts in contemporary Vietnam Pip Nicholson; 16. Conclusion: challenges and prospects for Asian courts Jiunn-rong Yeh and Wen-Chen Chang.

Jiunn-rong Yeh, National Taiwan University

Wen-Chen Chang, National Taiwan University