Asian Discourses of Rule of LawRandall Peerenboom 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. |
Contents
1 VARIETIES OF RULE OF LAW | 1 |
2 RULE OF LAW IN THE UNITED STATES | 54 |
3 RULE OF LAW IN FRANCE | 76 |
4 COMPETING CONCEPTIONS OF RULE OF LAW IN CHINA | 109 |
5 CONCEPTS OF LAW IN VIETNAM | 142 |
6 RULE OF LAW WITHIN A NONLIBERAL COMMUNITARIAN DEMOCRACY | 180 |
7 COMPETING CONCEPTIONS OF RULE OF LAW IN MALAYSIA | 222 |
8 DEBATING RULE OF LAW IN THE HONG KONG SPECIAL ADMINISTRATIVE REGION 19972002 | 246 |
10 RULE OF LAW IN INDIA | 318 |
11 RULE OF LAW AND ASPECTS OF HUMAN RIGHTS IN THAILAND1 | 340 |
12 THE PHILIPPINE PEOPLE POWER
CONSTITUTION RULE OF LAW AND
THE LIMITS OF LIBERAL CONSTITUTIONALISM | 365 |
13 RULE OF LAW IN SOUTH KOREA | 379 |
14 THE EFFECTS OF RULE OF LAW PRINCIPLES IN TAIWAN1 | 411 |
15 RULE OF LAW IN JAPAN | 440 |
| 469 | |
9 INDONESIA | 281 |
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Common terms and phrases
amendment Article Asia Asian values authoritarian Basic Law China Chinese citizens civil communitarian conceptions of rule Confucian Constitutional Court constitutionalism Council countries criminal critical cultural debate decision democracy discourse economic elections emergency Etat de droit example executive Falun Gong Federation formal freedom fundamental rights government’s Hong Kong human rights implementation independent Indonesia interpretation issues Japan Japanese judges judicial review judiciary justice Korea legal institutions legal system legislation legislature legitimacy liberal democratic liberty limited Malaysia moral National Assembly Neo-authoritarians nha nuoc norms officials Parliament parliamentary party Peerenboom People’s Phap political practice President principles procedures prosecution protection Rechtsstaat reforms regime role rule of law separation of powers Singapore Law Report social society Soeharto Statist Socialists statute Straits substantive Supreme Court Taiwan term theory thick conceptions thin rule University Press Veronica Taylor Vietnam Vietnamese violation Western Yang di-Pertuan Agong