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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 …