Law, Capitalism and Power in Asia: The Rule of Law and Legal InstitutionsKanishka Jayasuriya A challenging and provocative book that contests the liberal assumption that the rule of law will go hand in hand with a transition to market-based economies and even democracy in East Asia. Using case studies from Hong Kong, China, Indonesia, Malaysia, Taiwan, Japan and Vietnam, the authors argue that the rule of law is in fact more likely to provide political elites with the means closely to control civil society. It is essential, therefore, to locate conceptions of judicial independence and the rule of law more generally within the ideological vocabulary of the state. |
Contents
The many meanings of the rule of law | 28 |
law as a substitute for politics | 45 |
Market economy and the internationalisation | 69 |
The political economy of institutional reform | 95 |
The rule of law and corporate insolvency in | 151 |
Corporatism and judicial independence within | 173 |
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Common terms and phrases
Administrative Court analysis approach argued Article Asian authority autonomy bureaucratic capitalism chapter China Chinese law civil law civil society colonial commercial Committee Communist Comparative Law conceptions context corporatism corporatist Council countries court system cultural decision Democracy democratic East Asia élites emergence example executive Faxue foreign function Grand Justices Hong Kong ideology important Indonesia Indonesian government insolvency law intellectual property intellectual property law interests interpretation issues Jayasuriya Journal judges judicial independence judicial review judiciary lawyers legal institutions legal reform legal system legal transplant legislation liberal Lim Kit Siang Malaysia ment modernisation National neo-liberal Nguyen officials organisation Pancasila Party pharmaceutical political practice President protection provides Rechtsstaat regime regulation relationship role rule of law Salleh Abas Singapore social socialist market economy Soeharto structures Supreme Court Supreme People's Court Taiwan theory tion trans tutions University Press Vietnam Vietnamese Western