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• Introduction: Asian courts in context : tradition, transition and globalization / Jiunn-rong Yeh and Wen-Chen Chang
• Towards a more responsive judiciary : courts and judicial power in Japan / Norikazu Kawagishi
• Courts in the Republic of Korea : featuring a built-in authoritarian legacy of centralization and bureaucratization / Jongcheol Kim
• Courts and judicial reform in Taiwan : gradual transformations towards the guardian of constitutionalism and rule of law / Wen-Chen Chang
• Hong Kong : common law courts in China / Pui Yin Lo
• As efficient as the best businesses : Singapore's judicial system / Kevin Y. L. Tan
• Legitimacy of courts and the dilemma of their proliferation : the significance of judicial power in India / Jayanth K. Krishnan
• Courts in Indonesia : a mix of western and local character / Hikmahanto Juwana
• The fledgling courts and adjudication system in Mongolia / Batbold Amarsanaa
• The Philippines' post-Marcos judiciary : the institutional turn in a populist democracy / Raul C. Pangalangan
• Courts in Malaysia and judiciary initiated reforms / Yeow Choy Choong
• Courts in Thailand : progressive development as the country's pillar of justice / Pawat Satayanurug and Nattaporn Nakornin
• Courts and the adjudication system in Bangladesh : in quest of viable reforms / Ridwanul Hoque
• Courts in China : judiciary in the economic and societal transitions / Weixia Gu
• Renovating courts : the role of courts in contemporary Vietnam / Pip Nicholson
• Conclusion: Challenges and prospects for Asian courts / Jiunn-rong Yeh and Wen-Chen Chang.

The rise of Asia in global political and economic developments has been facilitated in part by a profound transformation of Asian courts. This book provides the most up-to-date and comprehensive analysis of these courts, explaining how their structures differ from courts in the West and how they have been shaped by the current challenges facing Asia. Contributors from across the continent analyze fourteen selected Asian jurisdictions representing varying degrees of development: Japan, Korea, Taiwan, India, Indonesia, Mongolia, the Philippines, Hong Kong, Singapore, Bangladesh, Malaysia, Thailand, China and Vietnam. Setting the courts of each region in the context of their country's economic, political, and social dynamics, this book shows how and why Asian courts have undergone such profound transformations in recent years and predicts the future trajectories of tradition, transition and globalization to suggest the challenges and developments that lie ahead.
(source: Nielsen Book Data)

• 1. Introduction: Asian courts in context: tradition, transition and globalization Jiunn-rong Yeh and Wen-Chen Chang
• Part I: 2. Towards a more responsive judiciary: courts and judicial power in Japan Norikazu Kawagishi
• 3. Courts in the Republic of Korea: featuring a built-in authoritarian legacy of centralization and bureaucratization Jongcheol Kim
• 4. Courts and judicial reform in Taiwan: gradual transformations towards the guardian of constitutionalism and rule of law Wen-Chen Chang
• 5. Hong Kong: common law courts in China Pui Yin Lo
• 6. As efficient as the best businesses: Singapore's judicial system Kevin Y. L. Tan
• Part II: 7. Legitimacy of courts and the dilemma of their proliferation: the significance of judicial power in India Jayanth Krishnan
• 8. Courts in Indonesia: a mix of Western and local character Hikmahanto Juwana
• 9. The fledgling courts and adjudication system in Mongolia Batbold Amarsanaa
• 10. The Philippines' post-Marcos judiciary: the institutional turn in a populist democracy Raul C. Pangalangan
• 11. Courts in Malaysia and judiciary initiated reforms Yeow Choy Choong
• 12. Courts in Thailand: progressive development as the country's pillar of justice Pawat Satayanurug and Nattaporn Nakornin
• 13. Courts and the adjudication system in Bangladesh: in quest of viable reforms Ridwanul Hoque
• 14. Courts in China: judiciary in the economic and societal transitions Weixia Gu
• 15. Renovating courts: the role of courts in contemporary Vietnam Pip Nicholson
• 16. Conclusion: challenges and prospects for Asian courts Jiunn-rong Yeh and Wen-Chen Chang.
• (source: Nielsen Book Data)

The rise of Asia in global political and economic developments has been facilitated in part by a profound transformation of Asian courts. This book provides the most up-to-date and comprehensive analysis of these courts, explaining how their structures differ from courts in the West and how they have been shaped by the current challenges facing Asia. Contributors from across the continent analyze fourteen selected Asian jurisdictions representing varying degrees of development: Japan, Korea, Taiwan, India, Indonesia, Mongolia, the Philippines, Hong Kong, Singapore, Bangladesh, Malaysia, Thailand, China and Vietnam. Setting the courts of each region in the context of their country's economic, political, and social dynamics, this book shows how and why Asian courts have undergone such profound transformations in recent years and predicts the future trajectories of tradition, transition and globalization to suggest the challenges and developments that lie ahead.
(source: Nielsen Book Data)

• 1. Introduction: Asian courts in context: tradition, transition and globalization Jiunn-rong Yeh and Wen-Chen Chang
• Part I: 2. Towards a more responsive judiciary: courts and judicial power in Japan Norikazu Kawagishi
• 3. Courts in the Republic of Korea: featuring a built-in authoritarian legacy of centralization and bureaucratization Jongcheol Kim
• 4. Courts and judicial reform in Taiwan: gradual transformations towards the guardian of constitutionalism and rule of law Wen-Chen Chang
• 5. Hong Kong: common law courts in China Pui Yin Lo
• 6. As efficient as the best businesses: Singapore's judicial system Kevin Y. L. Tan
• Part II: 7. Legitimacy of courts and the dilemma of their proliferation: the significance of judicial power in India Jayanth Krishnan
• 8. Courts in Indonesia: a mix of Western and local character Hikmahanto Juwana
• 9. The fledgling courts and adjudication system in Mongolia Batbold Amarsanaa
• 10. The Philippines' post-Marcos judiciary: the institutional turn in a populist democracy Raul C. Pangalangan
• 11. Courts in Malaysia and judiciary initiated reforms Yeow Choy Choong
• 12. Courts in Thailand: progressive development as the country's pillar of justice Pawat Satayanurug and Nattaporn Nakornin
• 13. Courts and the adjudication system in Bangladesh: in quest of viable reforms Ridwanul Hoque
• 14. Courts in China: judiciary in the economic and societal transitions Weixia Gu
• 15. Renovating courts: the role of courts in contemporary Vietnam Pip Nicholson
• 16. Conclusion: challenges and prospects for Asian courts Jiunn-rong Yeh and Wen-Chen Chang.
• (source: Nielsen Book Data)

The rise of Asia in global political and economic developments has been facilitated in part by a profound transformation of Asian courts. This book provides the most up-to-date and comprehensive analysis of these courts, explaining how their structures differ from courts in the West and how they have been shaped by the current challenges facing Asia. Contributors from across the continent analyze fourteen selected Asian jurisdictions representing varying degrees of development: Japan, Korea, Taiwan, India, Indonesia, Mongolia, the Philippines, Hong Kong, Singapore, Bangladesh, Malaysia, Thailand, China and Vietnam. Setting the courts of each region in the context of their country's economic, political, and social dynamics, this book shows how and why Asian courts have undergone such profound transformations in recent years and predicts the future trajectories of tradition, transition and globalization to suggest the challenges and developments that lie ahead.
(source: Nielsen Book Data)

• Foreword
• Asia-Pacific judiciaries : themes and contemporary perspectives / H. P. Lee and Marilyn Pittard
• Independence and accountability of the judiciary : comparative analysis of the theories and the realities with lessons for the Asia-Pacific / Shimon Shetreet
• The judiciary of Bangladesh : its independence and accountability / M. Rafiqul Islam
• Judicial independence, impartiality and integrity in Brunei Darussalam / Ann Black
• The future of judicial independence in China / Lin Feng
• The judiciary in Fiji : a broken reed? / Venkat Iyer
• Hong Kong's judiciary under 'one country, two systems' / Albert H. Y. Chen and P. Y. Lo
• Judicial independence and the rise of the Supreme Court in India / Rehan Abeyratne
• The Indonesian courts : from non-independence to independence without accountability / Nadirsyah Hosen
• Indepedence of the judiciary and securing public trust in Japan / Shigenori Matsui
• The Malaysian judiciary : a Sisyphean quest for redemption? / H. P. Lee and Richard Foo
• Judicial power in Myannmar and the challenge of judicial independence / Melissa Crouch
• The Singapore judiciary : independence, impartiality and integrity / Kevin Y. L. Tan
• Decline and fall of Sri Lanka's judiciary and prospects for resurrection / Suri Ratnapala
• Institutional independence of the judiciary : Taiwan's incomplete reform / Wen-Chen Chang
• The Vanuatu judiciary : a critical check on executive power / Miranda Forsyth
• Independence, impartiality and integrity of the judiciary in Vietnam / Pip Nicholson and Nguyen Hung Quang
• The challenges of judicial independence in the Asia-Pacific / H. P. Lee and Marilyn Pittard.

Judicial independence, integrity and impartiality are crucial to public trust in the judiciary. Justice must also be seen to be dispensed fairly and without fear or favour. In the context of themes and perspectives as well as comparative theories of independence, this book provides a contemporary analysis of the role and independence of judges in 15 countries in the Asia-Pacific. Expert analyses include countries that are governed by authoritarian governments or are beset by dramatic government changes, which undermine judges by attacking and preventing their independence, to more democratic countries where there are strides towards judicial independence. The problems confronting judges and courts are explained and analysed, with the aim of establishing a commonality of standards which can be developed to strengthen and promote the important values of judicial independence, impartiality and integrity. Solutions for the Asia-Pacific region are also proposed.
(source: Nielsen Book Data)

• Foreword
• Introduction
• Supreme Court of Singapore and the promise of enforceable constitutional conventions
• Malaysian courts and electoral fraud
• Hong Kong courts and constitutional contradictions
• Supreme Court of India and criminality in politics
• The Constitutional Court of Taiwan and calibrated judicial review
• The Constitutional Court of Korea and systemic electoral barriers
• The Constitutional Court of Thailand and partisan judges
• The Supreme Court of Pakistan : accommodation and defiance of military authority
• The Supreme Court of Bangladesh and defensive judicial review
• Democratic values and the conundrum of unconstitutional constitutional amendments
• Conclusion.

What is the relationship between the strength of a country's democracy and the ability of its courts to address deficiencies in the electoral process? Drawing a distinction between democracies that can be characterised as 'dominant-party' (for example Singapore, Malaysia, and Hong Kong), 'dynamic' (for example India, South Korea, and Taiwan), and 'fragile' (for example Thailand, Pakistan , and Bangladesh), this book explores how democracy sustains and is sustained by the exercise of judicial power. In dominant-party systems, courts can only pursue 'dialogic' pathways to constrain the government's authoritarian tendencies. On the other hand, in dynamic democracies, courts can more successfully innovate and make systemic changes to the electoral system. Finally, in fragile democracies, where a country regularly oscillates between martial law and civilian rule, their courts tend to consistently overreach, and this often facilitates or precipitates a hostile take-over by the armed forces, and lead to the demise of the rule of law.
(source: Nielsen Book Data)

• Introduction / Jiunn-rong Yeh
• Court-ordered apology : the function of courts in the construction of society, culture and the law / Jiunn-rong Yeh
• The effect of constitutional adjudication on the judicial branch : the relationship between the constitutional court and the ordinary court / Jong-ik Chon
• The evolution of administrative adjudication in Taiwan : a model of judicial cooperation / Wen-Chen Chang
• The judicial review criteria in Korean administrative litigation : the proportionality principle in Korean administrative law and democratic accountability / Seong-Wook Heo
• The law-making function of the court and the necessity for a second amendment for Taiwanese law of contracts : an observation from leading cases / Chung-jau Wu
• Judicial activism and the constitutional reasoning of the Korean Supreme Court in the field of civil law / Jinsu Yune
• Beyond uncertainty : lower courts' defiance in insider trading cases / Chin-Ping Shao
• Enforcement against wrongdoing directors : the role of the courts in Korea / Hyeok-Joon Rho
• The role of the courts in civil disputes in Taiwan / Kuan-Ling Shen
• From an inquisitorial to adversarial system : the recent development in criminal justice of Taiwan / Rong-Geng Li
• The exclusion of illegally obtained confessions, electronic communications and physical evidences in Korea / Kuk Cho.

• The judicialization of politics in Asia : towards a framework of analysis / Björn Dressel
• The judicialization of Japanese politics? / Tom Ginsburg and Tokujin Matsudaira
• Causes and conditions for sustainable judicialization of politics in Korea / Jongcheol Kim and Jonghyun Park
• The judiciary, policy, and politics in India / Shylashri Shankar
• Thailand : judicialization of politics or politicization of the judiciary? / Björn Dressel
• Indonesia's Constitutional Court : conservative activist or strategic operator? / Simon Butt
• From judicialization to politicization of the judiciary : the Philippine case / Alejandro N. Ciencia
• The judicialization of politics in Pakistan / Charles Kennedy
• China's Supreme People's Court within the "political-legal system" / Shumei Hou and Ron Keith
• Cambodia's judiciary : heading for political judicialization? / Kheang Un and Sokbunthoeun So
• Malaysia : limited and intermittent judicialization of politics / Chandra Kanagasabai
• Leadership, law, and legitimacy : reflections on the changing nature of judicial politics in Asia / Haig Patapan.

Over the last two decades courts have become major players in the political landscape in Asia. This book assesses what is driving this apparent trend toward judicialization in the region. It looks at the variations within the judicialization trend, and how these variations affect political practice and policy outcomes. The book goes on to examine how this new trend is affecting aspects of the rule of law, democratic governance and state-society relations. It investigates how the experiences in Asia add to the debate on the judicialization of politics globally; in particular how judicial behaviour in Asia differs from that in the West, and the implications of the differences on the theoretical debate.
(source: Nielsen Book Data)

• New courts in the Asia-Pacific Region : law, development and judicialization / Andrew Harding and Pip Nicholson
• Legitimacy and the Vietnamese Economic Court / Pip Nicholson with Minh Duong
• "Reading the tea leaves" in the Indonesian Commercial Court : a cautionary tale, but for whom? / David K. Linnan
• The Intellectual Property High Court of Japan / Shigenori Matsui
• Specialized intellectual property courts in the People's Republic of China : myth or reality? / Connie Carter
• The Constitutional Court of Thailand, 1998-2006 : a turbulent innovation / Andrew Harding
• The Constitutional Court and the judicialization of Korean politics / Tom Ginsburg
• Institutional choice and the new Indonesian Constitutional Court / Hendrianto
• The Indonesian human rights court / Mark Cammack
• "Shopping forums" : Indonesia's administrative courts / Adriaan Bedner
• Genealogy of the administrative courts and the consolidation of administrative justice in Thailand / Peter Leyland
• Compromising courts and harmonizing ideologies : mediation in the administrative chambers of the people's courts of the People's Republic of China / Michael Palmer
• The politics of Indonesia's anti-corruption court / Benjamin H. Tahyar
• The Philippines' Sandiganbayan : anti-graft courts and the illusion of self-contained anti-corruption regimes / Raul C. Pangalangan
• Malaysian royalty and the Special Court / H.P. Lee
• Informed by ideology : a review of the court reforms in Brunei Darussalam / Ann Black
• Courts in Xinjiang : institutional capacity in China's periphery / Pitman B. Potter
• Japan's new criminal trials : origins, operations and implications / Kent Anderson and David T. Johnson
• Dollars to donuts : Japanese courts' new role as corporate regulator / Veronica L. Taylor.

This book discusses legal reforms across Asia involving the creation of new courts over the last 20 years, and examines to what extent they have succeeded or failed. During this period there have been numerous instances of the creation of new courts in Asia. These 'new courts' are mainly specialist courts, which have a specific jurisdiction, whether that is over cases involving intellectual property disputes, bankruptcy petitions, commercial contracts, public law adjudication, personal law issues, labour or industrial disputes. This trend has clearly intensified since the economic crisis of 1997/8 and the consequent emphasis on good governance and commercial dispute resolution. The justification of this trend towards 'judicialization' has been that implementation of Western-style rule of law is necessary for the development of the market economy, democratization, good governance and the upholding of human rights.Adopting an explicitly comparative perspective, and contrasting the experiences of important Asian states including China, Japan, Korea, Malaysia and Indonesia, this book considers critical questions including: why has the 'new-court model' been adopted, and why do international development agencies and nation-states tend to favour it; what difficulties have the new courts encountered; how have the new courts performed; and, what are the broader implications of the trend towards the adoption of judicial solutions to economic, social and political problems. In addition, it considers critics of court building who allege that it is a Western agenda that does not serve local interests, and that the emphasis on judicialization marginalises alternative local and traditional modes of dispute resolution. This book will not only be of interest to legal scholars and practitioners, but also to development specialists, economists and political scientists.
(source: Nielsen Book Data)