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Studying Japanese Law Because It's There, Tom Ginsburg
Studying Japanese Law Because It's There, Tom Ginsburg
Tom Ginsburg
No abstract provided.
Public Choice And Constitutional Design, Tom Ginsburg
Public Choice And Constitutional Design, Tom Ginsburg
Tom Ginsburg
This chapter reviews the literature on public choice theory and constitutional design, focusing in particular on the sub-discipline of constitutional political economy. The basic framework of constitutional political economy has been in place for several decades and has produced some important insights into particular institutions. Other institutions, however, have been ignored, and there is a relatively small amount of empirical work testing the propositions. The chapter summarizes the work to date and identifies areas for more attention in the future. The chapter first reviews the core assumption that constitutional politics are really different than ordinary politics, and the corollary that …
Judicial Independence In East Asia: Implications For China, Tom Ginsburg
Judicial Independence In East Asia: Implications For China, Tom Ginsburg
Tom Ginsburg
This chapter explores the experience of China’s East Asian neighbors with regard to judicial independence, with an eye toward drawing lessons for China’s own reforms. Japan, Korea and Taiwan collectively provide a useful vantage point to examine developments in China because their rapid growth from the 1950s through the 1990s represents that greatest sustained example of rapid growth in world history. The only comparable period of growth is that of contemporary China, now nearing the end of its third decade. The East Asian cases are also relevant to China because the countries in the region share certain cultural traditions, and …
The Constitutional Court And The Judicialization Of Korean Politics, Tom Ginsburg
The Constitutional Court And The Judicialization Of Korean Politics, Tom Ginsburg
Tom Ginsburg
The Constitutional Court of Korea recently celebrated its 20th anniversary, and has become one of the most respected institutions in Korean society. It is also one of the most important constitutional courts in the world. This book chapter describes the court and some of its important cases, while tracing the sources of its success.
Eastphalia As A Return To Westphalia, Tom Ginsburg
Eastphalia As A Return To Westphalia, Tom Ginsburg
Tom Ginsburg
Prognosticators of the international scene have focused on two claims on which there is broad agreement: First, globalization is producing deep integration among nations, moving in the direction of quasi-constitutional global governance; and, second, Asia will significantly influence the world in decades to come. These two claims are in tension with each other. Asian countries have hardly been leaders in deep integration of the constitutionalist variety, though they have been effective participants in globalized markets. Projecting forward, one expects an Asia-dominated international law to emphasize traditional concerns of sovereignty, non-interference, and mutual cooperation rather than the constitutionalist vision of supranational …
The Arbitrator As Agent: Why Deferential Review Is Not Always Pro-Arbitration, Tom Ginsburg
The Arbitrator As Agent: Why Deferential Review Is Not Always Pro-Arbitration, Tom Ginsburg
Tom Ginsburg
No abstract provided.
Written Constitutions And The Administrative State: On The Constitutional Character Of Administrative Law, Tom Ginsburg
Written Constitutions And The Administrative State: On The Constitutional Character Of Administrative Law, Tom Ginsburg
Tom Ginsburg
No abstract provided.
Eastphalia And Asian Regionalism, Tom Ginsburg
Constitutional Specificity, Unwritten Understandings And Constitutional Agreement, Tom Ginsburg
Constitutional Specificity, Unwritten Understandings And Constitutional Agreement, Tom Ginsburg
Tom Ginsburg
No abstract provided.
National Courts, Domestic Democracy, And The Evolution Of International Law: A Reply To Eyal Benvenisti And George Downs, Tom Ginsburg
National Courts, Domestic Democracy, And The Evolution Of International Law: A Reply To Eyal Benvenisti And George Downs, Tom Ginsburg
Tom Ginsburg
No abstract provided.