Asian Discourses of Rule of Law: Theories and Implementation of Rule of Law in Twelve Asian Countries, France and the U.S.Randall P. Peerenboom Psychology Press, 2004 - 479 pages 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
an introduction and provisional | 1 |
Rule of law in the United States | 56 |
Rule of law in France | 79 |
Competing conceptions of rule of law in China | 113 |
transforming statist | 146 |
Rule of law within a nonliberal communitarian | 183 |
Competing conceptions of rule of law in Malaysia | 225 |
Debating rule of law in the Hong Kong | 250 |
devaluing Asian values rewriting rule of law | 286 |
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Common terms and phrases
amendment Appeal Article Asia Asian values authoritarian Basic Law China Chinese citizens civil communitarian conceptions of rule Confucian Constitutional Court constitutionalism countries criminal critics cultural debate decision democracy discourse economic elections Etat de droit example executive Falun Gong Federation formal freedom Hong Kong human rights implementation independence individual Indonesia interpretation issues Japan Japanese judges judicial review judiciary justice Korea Law Journal legal institutions legal system legislative legislature legitimacy liberal democratic liberty limited Malaysia ment moral National Assembly Neo-authoritarians nha nuoc norms Parliament parliamentary party Peerenboom People's Phap political President principles procedural prosecution protection Public Order 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 tion tional University Press Vietnam Vietnamese violation Western Yang di-Pertuan Agong