ABSTRACT

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.

chapter 1|23 pages

Introduction

A framework for the analysis of legal institutions in East Asia
ByKanishka Jayasuriya

chapter 2|14 pages

The Many Meanings of the Rule of Law

ByDavid Clark

chapter 3|20 pages

Politics Postponed

Law as a substitute for politics in Hong Kong and China
ByCarol Jones

chapter 5|20 pages

The Political Economy of Institutional Reform in Indonesia

The case of intellectual property law*
ByAndrew Rosser

chapter 6|28 pages

Law and Development in ‘The Market Place’

An East Asian perspective
ByJohn Gillespie

chapter 7|19 pages

The Rule of Law and Corporate Insolvency in Six Asian Legal Systems*

ByBahrin Kamarul, Roman Tomasic

chapter 9|25 pages

Between Law and Politics

The Malaysian judiciary since independence*
ByKhoo Boo Teik

chapter 10|17 pages

Magic Memos, Collusion and Judges with Attitude

Notes on the politics of law in contemporary Indonesia
ByDavid Bourchier

chapter 11|24 pages

A Community Changes

Taiwan's Council of Grand Justices and Liberal Democratic reform
BySean Cooney

chapter 12|17 pages

‘Independence’ and the Judiciary In The PRC

Expectations for constitutional legality in China*
ByMark Findlay

chapter 13|26 pages

Vietnamese Legal Institutions in Comparative Perspective

Contemporary constitutions and courts considered
ByPenelope Nicholson