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Asian Discourses Of Rule Of Law
Hardback Edition: 1/2004
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 Roman law and a common law jurisdiction. These are then followed by 12 chapters on the major countries of East Asia, and India, which consider all the key aspects of this important issue.
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Contents:
1. Varieties of Rule of Law: An Introduction Randy Peerenboom 2. Rule of Law in the United States Brian Tamanaha 3. Rule of Law in France Laurent Pech 4. Competing Conceptions of Rule of Law in China Randy Peerenboom 5. Conceptions of Rule of Law in Viet Nam John Gillespie 6. Rule of Law within a Nonliberal 'Communitarian' Democracy: The Singapore Experience Li-ann Thio 7. Competing Conceptions of Rule of Law in Malaysia H.P. Lee 8. Debating Rule of Law in the Hong Kong Special Administrative Region, 1997-2002 Albert H.Y. Chen and Anne S.Y. Cheung 9. Indonesia: Devaluing Asian Values, Rewriting Rule of Law Tim Lindsay 10. Rule of Law in India: Theory and Practice Upendra Baxi 11. Rule of Law and Aspects of Human Rights in Thailand Vitit Muntabhorn 12. The Philippine 'People Power' Constitution and the Limits of Liberal Constitutionalism Raul C. Pangalangan 13. Rule of Law in Korea: Rhetoric and Implementation Hahm Chaihark 14. The Application, and Non-Application, of Rule of Law Principles in Taiwan Sean Cooney 15. Rule of Law in Japan John O. Haley and Veronica Taylor