Author : Hongyi Chen
Publisher : Cambridge University Press
Page : 407 pages
File Size : 50,88 MB
Release : 2018-09-20
Category : Law
ISBN : 110719508X
A comparative, systematic and critical analysis of constitutional courts and constitutional review in Asia.
Author : Marie Seong-Hak Kim
Publisher : Cambridge University Press
Page : 361 pages
File Size : 49,22 MB
Release : 2021-03-11
Category : Law
ISBN : 9781108465571
This book looks at the history of the courts in South Korea from 1945 to the contemporary period. It sets forth the evolution of the judicial process and jurisprudence in the context of the nation's political and constitutional transitions. The focus is on constitutional authoritarianism in the 1970s under President Park Chung Hee, when judges faced a positivist crisis as their capacity to protect individual rights and restrain the government was impaired by the constitutional language. Caught between the contending duties of implementing the law and pursuing justice, the judges adhered to formal legal rationality and preserved the fundamental constitutional order, which eventually proved essential in the nation's democratization in the late 1980s. Addressing both democratic and authoritarian rule of law, this volume prompts fresh debate on judicial restraint and engagement in comparative perspectives.
Author : Marie Kim
Publisher : BRILL
Page : 282 pages
File Size : 18,50 MB
Release : 2015-11-02
Category : Law
ISBN : 9004306013
This is the first book on Korean legal history in English written by a group of leading scholars from around the world. The chapters set forth the developments of Korean law from the Chosŏn to colonial and modern periods through the examination of codified laws, legal theories and practices, and jurisprudence. The contributors’ shared premise is that the evolution of Korean law can be best understood when viewed in terms of its interactions with outside laws. Each chapter integrates literature in Korean, Japanese, Chinese, and Western languages into comprehensive analyses to make up-to-date research available to readers both inside and outside Korea. This volume provides a solid framework from which to approach Korean legal history in the perspective of comparative legal traditions.
Author : Chae-hak Ham
Publisher : Cambridge University Press
Page : 329 pages
File Size : 47,40 MB
Release : 2015-12-10
Category : Law
ISBN : 110701882X
This book examines Japan and Korea's post-World War II constitutional history to challenge enduring assumptions about the nature of constitution-making.
Author : Seokwoo Lee
Publisher : BRILL
Page : 343 pages
File Size : 19,86 MB
Release : 2019-12-16
Category : Law
ISBN : 9004415823
Launched in 1991, the Asian Yearbook of International Law is a major internationally-refereed yearbook dedicated to international legal issues as seen primarily from an Asian perspective. It is published under the auspices of the Foundation for the Development of International Law in Asia (DILA) in collaboration with DILA-Korea, the Secretariat of DILA, in South Korea. When it was launched, the Yearbook was the first publication of its kind, edited by a team of leading international law scholars from across Asia. It provides a forum for the publication of articles in the field of international law and other Asian international legal topics. The objectives of the Yearbook are two-fold: First, to promote research, study and writing in the field of international law in Asia; and second, to provide an intellectual platform for the discussion and dissemination of Asian views and practices on contemporary international legal issues. Each volume of the Yearbook contains articles and shorter notes; a section on Asian state practice; an overview of the Asian states’ participation in multilateral treaties and succinct analysis of recent international legal developments in Asia; a bibliography that provides information on books, articles, notes, and other materials dealing with international law in Asia; as well as book reviews. This publication is important for anyone working on international law and in Asian studies. The 2017 edition of the Yearbook is a special volume that has articles highlighting current international legal issues facing particular Asian states.
Author : Brian E. Butler
Publisher : Rodopi
Page : 321 pages
File Size : 16,33 MB
Release : 2013
Category : Philosophy
ISBN : 940120926X
This volume focuses on democratic experimentalism, gathering a collection of original and previously unpublished essays focusing upon its major outlines, as well as specific aspects ¿ both promising and troublesome - of this theoretical approach. Together these essays offer conceptions of democracy and democratic governance that emphasize and highlight experimentalist aspects of pragmatic thought, particularly Deweyan pragmatism, and its relationship to instantiation in concrete social and political institutions. Issues of democratic governance, political organization and the relationship of law to democracy are analyzed.
Author : Jiunn-rong Yeh
Publisher : Cambridge University Press
Page : 633 pages
File Size : 19,24 MB
Release : 2015
Category : Law
ISBN : 1107066085
Analyzes courts in fourteen selected Asian jurisdictions to provide the most up-to-date and comprehensive interdisciplinary book available.
Author : Erik Mobrand
Publisher : University of Washington Press
Page : 215 pages
File Size : 24,87 MB
Release : 2019-04-19
Category : History
ISBN : 0295745487
While popular movements in South Korea rightly grab the headlines for forcing political change and holding leaders to account, those movements are only part of the story of the construction and practice of democracy. In Top-Down Democracy in South Korea, Erik Mobrand documents another part – the elite-led design and management of electoral and party institutions. Even as the country left authoritarian rule behind, elites have responded to freer and fairer elections by entrenching rather than abandoning exclusionary practices and forms of party organization. Exploring South Korea’s political development from 1945 through the end of dictatorship in the 1980s and into the twenty-first century, Mobrand challenges the view that the origins of the postauthoritarian political system lie in a series of popular movements that eventually undid repression. He argues that we should think about democratization not as the establishment of an entirely new system, but as the subtle blending of new formal rules with earlier authority structures, political institutions, and legitimizing norms.
Author : Chaihark Hahm
Publisher : Bloomsbury Publishing
Page : 289 pages
File Size : 45,64 MB
Release : 2024-04-18
Category : Law
ISBN : 1509919201
The constitutional system of South Korea is a work in progress, and this volume fleshes out and makes intelligible to foreign readers that process within the specific political and historical context of modern South Korea. The current South Korean Constitution of 1987 is the culmination of decades-long efforts by the South Korean people to achieve democratic self-government. It is the fruition of untold sacrifices made by dedicated citizens who tirelessly fought to rein in the power of the government under some form of constitutional rule. In that sense, it should be understood against the backdrop of South Korea's experimentation with constitutionalism that began at the turn of the last century. Yet, it also represents a radical break, the beginning of a new era which ended a long political history of 'constitution without constitutionalism'. For the first time in the history of the South Korean nation, the constitution has become a living norm rather than an ornament, or a façade, for illegitimate or ineffectual governments. It has proven to be a binding law that matters not only for government leaders but also for private individuals. With the adoption, especially, of a system allowing the adjudication of constitutional issues at an independent court, the people have begun to realise that the constitution can be invoked to protect their rights and advance their interests. As a result, the South Korean Constitutional Court is being stretched to its limits with a great number of cases filed at its docket. This book is an insightful new addition to Hart's successful series, Constitutional Systems of the World.
Author : Curtis A. Bradley
Publisher : Oxford University Press
Page : 891 pages
File Size : 29,6 MB
Release : 2019-06-07
Category : Law
ISBN : 0190653353
This Oxford Handbook ambitiously seeks to lay the groundwork for the relatively new field of comparative foreign relations law. Comparative foreign relations law compares and contrasts how nations, and also supranational entities (for example, the European Union), structure their decisions about matters such as entering into and exiting from international agreements, engaging with international institutions, and using military force, as well as how they incorporate treaties and customary international law into their domestic legal systems. The legal materials that make up a nation's foreign relations law can include constitutional law, statutory law, administrative law, and judicial precedent, among other areas. This book consists of 46 chapters, written by leading authors from around the world. Some of the chapters are empirically focused, others are theoretical, and still others contain in-depth case studies. In addition to being an invaluable resource for scholars working in this area, the book should be of interest to a wide range of lawyers, judges, and law students. Foreign relations law issues are addressed regularly by lawyers working in foreign ministries, and globalization has meant that domestic judges, too, are increasingly confronted by them. In addition, private lawyers who work on matters that extend beyond their home countries often are required to navigate issues of foreign relations law. An increasing number of law school courses in comparative foreign relations law are also now being developed, making this volume an important resource for students as well. Comparative foreign relations law is a newly emerging field of study and teaching, and this volume is likely to become a key reference work as the field continues to develop.
