confucian constitutionalism in east asia routledge law in asia

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Confucian Constitutionalism In East Asia

Author : Bui Ngoc Son
ISBN : 9781317529057
Genre : Law
File Size : 84. 59 MB
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Western liberal constitutionalism has expanded recently, with, in East Asia, the constitutional systems of Japan, South Korea and Taiwan based on Western principles, and with even the socialist polities of China and Vietnam having some regard to such principles. Despite the alleged universal applicability of Western constitutionalism, however, the success of any constitutional system depends in part on the cultural values, customs and traditions of the country into which the constitutional system is planted. This book explains how the values, customs and traditions of East Asian countries are Confucian, and discusses how this is relevant to constitutional practice in the region. The book outlines how constitutionalism has developed in East Asia over a long period, considers different scholarly work on the ease or difficulty of integrating Western constitutionalism into countries with a Confucian outlook, and examines the prospects for such integration going forward. Throughout, the book covers detailed aspects of Confucianism and the workings of constitutions in practice.

The Nature Of Asian Politics

Author : Bruce Gilley
ISBN : 9780521761710
Genre : Political Science
File Size : 58. 13 MB
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The Nature of Asian Politics provides an unparalleled, comprehensive first look at the politics of Southeast and Northeast Asia.

Constitutionalism In Asia

Author : Wen-Chen Chang
ISBN : 9781782252238
Genre : Law
File Size : 60. 96 MB
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This book of text, cases and materials from Asia is designed for scholars and students of constitutional law and comparative constitutional law. The book is divided into 11 chapters, arranged thematically around key ideas and controversies, enabling the reader to work through the major facets of constitutionalism in the region. The book begins with a lengthy introduction that critically examines the study of constitutional orders in 'Asia', highlighting the histories, colonial influences, and cultural particularities extant in the region. This chapter serves both as a provisional orientation towards the major constitutional developments seen in Asia – both unique and shared with other regions – and as a guide to the controversies encountered in the study of constitutional law in Asia. Each of the following chapters is framed by an introductory essay setting out the issues and succinctly highlighting critical perspectives and themes. The approach is one of 'challenge and response', whereby questions of constitutional importance are posed and the reader is then led, by engaging with primary and secondary materials, through the way the various Asian states respond to these questions and challenges. Chapter segments are accompanied by notes, comments and questions to facilitate critical and comparative analysis, as well as recommendations for further reading.The book presents a representative range of Asian materials from jurisdictions including: Bangladesh, China, Hong Kong, India, Japan, Mongolia, Nepal, Pakistan, South Korea, Sri Lanka , Taiwan, Timor-Leste and the 10 ASEAN states.

Constitutionalism Of The Global South

Author : Daniel Bonilla Maldonado
ISBN : 9781107036215
Genre : Law
File Size : 56. 34 MB
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Addresses the jurisprudence of the major courts of the Global South on the topics of access to justice, cultural diversity and socioeconomic rights.

Asian Discourses Of Rule Of Law

Author : Randall Peerenboom
ISBN : 9781134341153
Genre : History
File Size : 88. 68 MB
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Rule of law is one of the pillars of the modern world, and widely considered necessary for sustained economic development, the implementation of democracy and the protection of human rights. It has however emerged in Western liberal democracies, and some people question how far it is likely to take root fully in the different cultural, economic and political context of Asia. This book considers how rule of law is viewed and implemented in Asia. Chapters on France and the USA provide a benchmark on how the concept has evolved, is applied and is implemented in a civil law and a common law jurisdiction. These are then followed by twelve chapters on the major countries of East Asia, and India, which consider all the key aspects of this important issue.

Politics And Constitutions In Southeast Asia

Author : Marco Bünte
ISBN : 9781317537663
Genre : Law
File Size : 62. 64 MB
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In recent years the constitutional landscape of Southeast Asia has changed tremendously. Against a worldwide background of liberalization, globalization, and democratization, states in the region have begun to alter their constitutions, reinforcing human rights provisions, and putting in place institutional safeguards, such as constitutional courts and human rights commissions. On closer examination, however, the picture is very complex, with constitutional developments differing greatly between states. This book explores a range of current constitutional developments in the different states of Southeast Asia through a distinct political lens. Drawing on comparative and single case studies, it considers various constitutional areas, including constitution drafting, human rights, legal safeguards and the continuing role of the military, sets constitutional developments in the wider political and historical context of each country, and makes comparisons both with Western democracies and with other developing regions. The book concludes by assessing overall how far constitutional practices and trajectories are converging towards a liberal Western model or towards a distinctly Southeast Asian model.

Beyond Liberal Democracy

Author : Daniel A. Bell
ISBN : UOM:39076002578867
Genre : History
File Size : 37. 6 MB
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Is liberal democracy appropriate for East Asia? In this provocative book, Daniel Bell argues for morally legitimate alternatives to Western-style liberal democracy in the region. Beyond Liberal Democracy, which continues the author's influential earlier work, is divided into three parts that correspond to the three main hallmarks of liberal democracy--human rights, democracy, and capitalism. These features have been modified substantially during their transmission to East Asian societies that have been shaped by nonliberal practices and values. Bell points to the dangers of implementing Western-style models and proposes alternative justifications and practices that may be more appropriate for East Asian societies. If human rights, democracy, and capitalism are to take root and produce beneficial outcomes in East Asia, Bell argues, they must be adjusted to contemporary East Asian political and economic realities and to the values of nonliberal East Asian political traditions such as Confucianism and Legalism. Local knowledge is therefore essential for realistic and morally informed contributions to debates on political reform in the region, as well as for mutual learning and enrichment of political theories. Beyond Liberal Democracy is indispensable reading for students and scholars of political theory, Asian studies, and human rights, as well as anyone concerned about China's political and economic future and how Western governments and organizations should engage with China.

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