Rule of law is one of the pillars of the modern world, and widely considered necessary for sustained economic development, the implementation of democracy and the protection of human rights. It has however emerged in Western liberal democracies, and some people question how far it is likely to take root fully in the different cultural, economic and political context of Asia. This book considers how rule of law is viewed and implemented in Asia. Chapters on France and the USA provide a benchmark on how the concept has evolved, is applied and is implemented in a civil law and a common law jurisdiction. These are then followed by twelve chapters on the major countries of East Asia, and India, which consider all the key aspects of this important issue.
'The edited volume is certainly a valuable contribution to the current limited rule of law literature, particularly in the Asian context.' - Singapore Journal of Legal Studies, December 2004
1. Varieties of Rule of Law: An Introduction 2. Rule of Law in the United States 3. Rule of Law in France 4. Competing Conceptions of Rule of Law in China 5. Conceptions of Rule of Law in Viet Nam 6. Rule of Law within a Nonliberal 'Communitarian' Democracy: The Singapore Experience 7. Competing Conceptions of Rule of Law in Malaysia 8. Debating Rule of Law in the Hong Kong Special Administrative Region, 1997-20029. Indonesia: Devaluing Asian Values, Rewriting Rule of Law 10. Rule of Law in India: Theory and Practice 11. Rule of Law and Aspects of Human Rights in Thailand12. The Philippine 'People Power' Constitution and the Limits of Liberal Constituionalism13. Rule of Law in Korea: Rhetoric and Implementation 14. The Application, and Non-Application, of Rule of Law Principles in Taiwan15. Rule of Law in Japan