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 : 83. 21 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.

Routledge Handbook Of Democratization In East Asia

Author : Tun-jen Cheng
ISBN : 9781317559245
Genre : Political Science
File Size : 65. 30 MB
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This handbook provides a comprehensive analysis of the dynamics and prospects of democratization in East Asia. A team of leading experts in the field offers discussion at both the country and regional level, including analysis of democratic attitudes and movements in China, Japan, South Korea, and Taiwan. Evaluating all the key components of regime evolution, from citizen politics to democratic institutions, the sections covered include: • Regional Trends and Country Overviews • Institutions, Elections, and Political Parties • Democratic Citizenship • Democratic Governance • The Political Economy of Democratization Examining the challenges that East Asian emerging democracies still face today, as well as the prospects of the region's authoritarian regimes, the Routledge Handbook of Democratization in East Asia will be useful for students and scholars of East Asian Politics, Comparative Politics, and Asian Studies.

Politics And Constitutions In Southeast Asia

Author : Marco Bünte
ISBN : 9781317537663
Genre : Law
File Size : 44. 42 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.

The Nature Of Asian Politics

Author : Bruce Gilley
ISBN : 9780521761710
Genre : Political Science
File Size : 89. 66 MB
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The Nature of Asian Politics provides an unparalleled, comprehensive first look at the politics of Southeast and Northeast Asia.

Public Law In East Asia

Author : AlbertH.Y. Chen
ISBN : 9781351552585
Genre : Law
File Size : 82. 17 MB
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Public Law in East Asia is a collection of the leading English-language articles on constitutional and administrative law in the Asian region, written by many of the leading scholars from this area. The region has its own distinct legal and political traditions, and its systems of government have facilitated dynamic economic growth, but the role of public law has not been well understood. Covering a wide range of jurisdictions in a single volume, this collection provides insights into the ways in which institutions of Western origin have been integrated into Asian political and legal cultures, producing new syntheses.

Asian Discourses Of Rule Of Law

Author : Randall Peerenboom
ISBN : 9781134341153
Genre : History
File Size : 47. 26 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.

Cultural Property And Contested Ownership

Author : Brigitta Hauser-Schäublin
ISBN : 9781317281832
Genre : Social Science
File Size : 21. 98 MB
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Against the backdrop of international conventions and their implementation, Cultural Property and Contested Ownership explores how highly-valued cultural goods are traded and negotiated among diverging parties and their interests. Cultural artefacts, such as those kept and trafficked between art dealers, private collectors and museums, have become increasingly localized in a ‘Bermuda triangle’ of colonialism, looting and the black market, with their re-emergence resulting in disputes of ownership and claims for return. This interdisciplinary volume provides the first book-length investigation of the changing behaviours resulting from the effect of the 1970 UNESCO Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property. The collection considers the impact of the Convention on the way antiquity dealers, museums and auction houses, as well as nation states and local communities, address issues of provenance, contested ownership, and the trafficking of cultural property. The book contains a range of contributions from anthropologists, lawyers, historians and archaeologists. Individual cases are examined from a bottom-up perspective and assessed from the viewpoint of international law in the Epilogue. Each section is contextualised by an introductory chapter from the editors.

The Ashgate Research Companion To Chinese Foreign Policy

Author : Emilian Kavalski
ISBN : 9781317043898
Genre : Political Science
File Size : 70. 75 MB
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The Ashgate Research Companion to Chinese Foreign Policy draws out the full range of topics and issues that characterise China's external affairs. The volume is intended to provide an overview of Chinese foreign policy that will be relevant both to experts in the field as well as those that are just starting to grapple with Beijing's international outlook. The investigation of Chinese foreign policy offered by the volume is divided into seven parts: - Part I focuses on the historical evolution of Chinese foreign policy by detailing the specific traditions and the altering paradigms of Beijing's external outlook proffered for the explanation and understanding of Chinese foreign policy - Part II discusses the different analytical perspectives proffered for the explanation and understanding of Chinese foreign policy - Part III considers the domestic sources of Chinese foreign policy - Part IV analyses the international impact of Beijing's outreach - Part V of the volume begins the exploration of China's relations with specific international actors - Part VI investigates the regional interactions of Chinese foreign policy - Part VII of the volume draws attention to several issues impacting both the practice and the understanding of Chinese foreign policy This Companion draws a vivid picture of the full spectrum of topics, issues, and relationships that define China's international interactions. The collection therefore provides a relevant point of departure for anyone interested in learning about Beijing's external affairs. Owing to the wide range of themes and ideas, this volume is essential reading for students of Chinese foreign policy.

Constitutionalism In Asia

Author : Wen-Chen Chang
ISBN : 9781782252238
Genre : Law
File Size : 33. 74 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.

The Sociology Of Southeast Asia

Author : Victor T. King
ISBN : 9788791114601
Genre : Social problems
File Size : 22. 97 MB
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One of the main problems faced by teachers and students who have a scholarly interest in Southeast Asia is the lack of general, user-friendly texts in the social sciences. The absence of an introduction to the sociology of Southeast Asia is especially unfortunate. This volume attempts to meet these needs. This is, then, the first sole-authored introductory sociology text on Southeast Asia that focuses on change and development in the region, provides an overview of the important sociological and political economy writings, and considers the key concepts and themes in the field since 1945. Some multiauthored works do exist but these either are outdated or focus on specialized topics. Aimed primarily at undergraduates up to the final year, it will also be a useful reference work for post-graduates and researchers who lack such a general work.

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