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Comparative Studies on the Judicial Review System in East and Southeast Asia


ISBN13: 9789041103529
ISBN: 904110352X
Published: March 1997
Publisher: Brill Academic Publishers
Format: Hardback
Price: Out of print



Out of Print Looking at the development and status quo of judicial review in East and Southeast Asia, this text answers the questions of whether the system of judicial review of administrative action functions in these countries in the same way as in Western countries, and whether this system functions in the same way in countries that adopt the principle of concentration of powers and the principle of separation of powers. Together with papers on judicial review in the Netherlands and Germany, and references to English law, the legal systems discussed constitute a heterogeneous group of developed and developing economies, continental and Anglo-Saxon systems of law and capitalist and socialist legal orders.;The research and comparisons presented here form a resource for any scholar and lawyer interested in contemporary Asian law, or in the many facets of comparative administrative law.

Contents:
Some Introductory Remarks: Judicial Review: The Need for International Cooperation; M. Scheltema. Judicial Review in Japan; M. Kobayakawa. Judicial Review of Administrative Action in England and Japan: A Comparative Perspective; T. Fuke. Administrative Litigation System in China; S. Ying. Judicial Review of Administrative Actions in China and Japan; Yong Zhang. An Overview of Legislation and Its Supervisory System in China; Yong Zhang. The Problems and Characteristics of Judicial Review in Malaysia; A. Harding. Judicial Review in Indonesia; P. Effendie Lotulung. Administrative Courts in an Executive-Dominated State: The Case of Indonesia; A. Bedner. Legal Protection Against Decisions of Public Authorities in the Netherlands; J. Dekker, Th.G. Drupsteen. Settling of Disputes in Administrative Law in The Netherlands: Some Practical Problems; B. Schueler. Judicial Review in the Federal Republic of Germany; L.A. Weber. Commentary - Comparisons on the Functions of the Judicial Review System in East and Southeast Asia; Yong Zhang. Laws Concerning Judicial Review.