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Open Access. Powered by Scholars. Published by Universities.®

2006

Judicial independence

Comparative and Foreign Law

Articles 1 - 2 of 2

Full-Text Articles in Law

Global Markets And The Evolution Of Law In China And Japan, Takao Tanase Jan 2006

Global Markets And The Evolution Of Law In China And Japan, Takao Tanase

Michigan Journal of International Law

The first angle of this Article concerns the exclusivity of rights, which is the notion that a right has an exclusive boundary of ownership. The socialist system and traditional customary law in China gave only weak recognition to this concept, especially prior to China's move toward a market economy and the introduction of modern law. The second angle addresses the functionality of extralegal norms. Law reforms tend to be measured by the efficiency gains they produce, a process intensified by competition among systems. The third angle involves the ideological nature of the market-oriented development of law. The foreign enterprises and …


Toward Democratic Consolidation? The Argentine Supreme Court, Judicial Independence, And The Rule Of Law, Christopher J. Walker Dec 2005

Toward Democratic Consolidation? The Argentine Supreme Court, Judicial Independence, And The Rule Of Law, Christopher J. Walker

Christopher J. Walker

Too little attention has been paid to the role of judiciary in strengthening democracy and the rule of law in Latin America, with even less attention on the Argentine judicial system. In this paper, the role of the courts in consolidation will be examined through the Argentine case study. Part I outlines the current state of the literature on democratization and the rule of law with respect to Latin America, while Part II reviews what has been written about the Latin American judiciary and its influence on the rule of law. Part III evaluates the development of the judiciary and …