Proportionality in Asia

Proportionality in Asia
Author: Po Jen Yap
Publisher: Cambridge University Press
Total Pages: 311
Release: 2020-08-27
Genre: Law
ISBN: 1108851711

This is the first book that focusses on how proportionality analysis – a legal transplant from the West – is applied by courts around Asia, and it explores how a country's commitment to democracy and the rule of law is fundamental to the success of the doctrine's judicial enforcement. This book will appeal to lawyers, political scientists, and students of law and political science who seek to understand how proportionality analysis is blossoming and, in some cases, flourishing in Asia.

Legal Transplants in East Asia and Oceania

Legal Transplants in East Asia and Oceania
Author: Vito Breda
Publisher: Cambridge University Press
Total Pages:
Release: 2019-06-27
Genre: Law
ISBN: 1108577172

This volume provides a unique overview of methodologies that are conducive to a successful legal transplant in East Asia and Oceania. Each chapter is drafted by a scholar who holds direct professional experience on the legal transplant considered and has a distinctive insight into the pragmatic difficulties related to grafting an alien institution into a legal tradition. The range of transplants includes the implementation of contractual obligations, the regulation of commercial investments and the protection of the environment. The majority of recent legal reforms in these geographical areas have aimed at improving national economic performance and fostering trade and have been directly inspired by European and North American institutional experiences. There is also, however, a tendency to couple economic reforms, aimed at attracting foreign investment, with constitutional reforms that improve the protection of individual rights, the environment and the rule of law.

Proportionality and the Rule of Law

Proportionality and the Rule of Law
Author: Grant Huscroft
Publisher: Cambridge University Press
Total Pages: 433
Release: 2014-04-21
Genre: Law
ISBN: 1139952870

To speak of human rights in the twenty-first century is to speak of proportionality. Proportionality has been received into the constitutional doctrine of courts in continental Europe, the United Kingdom, Canada, New Zealand, Israel, South Africa, and the United States, as well as the jurisprudence of treaty-based legal systems such as the European Convention on Human Rights. Proportionality provides a common analytical framework for resolving the great moral and political questions confronting political communities. But behind the singular appeal to proportionality lurks a range of different understandings. This volume brings together many of the world's leading constitutional theorists - proponents and critics of proportionality - to debate the merits of proportionality, the nature of rights, the practice of judicial review, and moral and legal reasoning. Their essays provide important new perspectives on this leading doctrine in human rights law.

Courts and Democracies in Asia

Courts and Democracies in Asia
Author: Po Jen Yap
Publisher: Cambridge University Press
Total Pages: 251
Release: 2017-09-28
Genre: Law
ISBN: 1107192625

This book illuminates how law and politics interact in the judicial doctrines and explores how democracy sustains and is sustained by the exercise of judicial power.

A Cosmopolitan Legal Order

A Cosmopolitan Legal Order
Author: Alec Stone Sweet
Publisher: Oxford University Press
Total Pages: 305
Release: 2018-05-01
Genre: Law
ISBN: 0192559168

In this book, Alec Stone Sweet and Clare Ryan provide an accessible introduction to Kantian constitutional theory and the law and politics of European rights protection. Part I sets out Kant's blueprint for achieving Perpetual Peace and constitutional justice within and beyond the nation state. Part II applies these ideas to explain the gradual constitutionalization of a Cosmopolitan Legal Order: a transnational legal system in which justiciable rights are held by individuals; where public officials bear the obligation to fulfil the fundamental rights of all who come within the scope of their jurisdiction; and where domestic and transnational judges supervise how officials act. Such an order was instantiated in Europe through the combined effects of Protocol no. 11 (1998) to the European Court of Human Rights (ECtHR) and the incorporation of the Convention into national law. The authors then describe and assess the strengthening of the European Court's capacities to meet the challenge of chronic failures of protection at the domestic level; its progressive approach to the "qualified" rights covering privacy and family life, and the freedoms of expression, conscience, and religion; the robust enforcement of the "absolute" rights, including the prohibition of torture and inhuman treatment; and its determined efforts to render justice to all people that come under its jurisdiction, including non-citizens whose rights are violated beyond Europe. Today, the Strasbourg Court is the most active and important rights-protecting court in the world, its jurisprudence a catalyst for the construction of a cosmopolitan constitution in Europe and beyond.

Meeting Asia's Infrastructure Needs

Meeting Asia's Infrastructure Needs
Author: Asian Development Bank
Publisher: Asian Development Bank
Total Pages: 235
Release: 2017-02-01
Genre: Business & Economics
ISBN: 9292577549

Infrastructure is essential for development. This report presents a snapshot of the current condition of developing Asia's infrastructure---defined here as transport, power, telecommunications, and water supply and sanitation. It examines how much the region has been investing in infrastructure and what will likely be needed through 2030. Finally, it analyzes the financial and institutional challenges that will shape future infrastructure investment and development.

The Principle of Proportionality in European Law:A Comparative Study

The Principle of Proportionality in European Law:A Comparative Study
Author: Nicholas Emiliou
Publisher: Springer
Total Pages: 332
Release: 1996-02-23
Genre: Business & Economics
ISBN:

The main objective of this study is to present a comparative legal analysis of proportionality. It provides a close examination of the key areas in which this principle has been applied, both at the national and supranational levels. The whole work is placed in the context of transformation of public law in the twentieth century. As many important general principles of law as applied by the Court of Justice have been borrowed from German and French law, a comparative study of the various forms which this principle has assumed in both German and French public law is presented. The book then offers an in-depth analysis of the application and impact of the principle of proportionality in EC law. The introduction and development of this principle by the Court of Justice represents one of the most striking examples of the interaction between the Community and national legal systems. It also illustrates the character of Community law as developed by the Court and the law-making function of the latter.

The Rice Economy of Asia

The Rice Economy of Asia
Author: Randolph Barker
Publisher: Int. Rice Res. Inst.
Total Pages: 359
Release: 1985
Genre: Business & Economics
ISBN: 0915707152

The purpose of this book is to present a comprehensive picture of the role of rice in the food and agricultural sectors of Asian nations.

Proportionality and Judicial Activism

Proportionality and Judicial Activism
Author: Niels Petersen
Publisher: Cambridge University Press
Total Pages: 261
Release: 2017-03-02
Genre: Law
ISBN: 1107177987

This book uses empirical analysis to show that courts refrain from using the proportionality test as a means of judicial activism.

Proportionality and Deference in Investor-State Arbitration

Proportionality and Deference in Investor-State Arbitration
Author: Caroline Henckels
Publisher: Cambridge University Press
Total Pages: 265
Release: 2015-10-15
Genre: Law
ISBN: 1107087902

Caroline Henckels examines how investment tribunals should balance competing state and investor interests in determining state liability in regulatory disputes.