- 302 pages
- English
- PDF
- Available on iOS & Android
About This Book
The global expansion of judicial powers makes no exception to Asia. Most noticeable is the judicial expansion in tandem with unprecedented political and legal reforms that have occurred in the two Asian new democracies â Taiwan and South Korea. Having shared a great deal of similarities in colonial legacy, economic development and global competition, both Taiwan and South Korea became good examples of fast-growing economies with successful democratic transitions. In the context of transition, Courts in Taiwan and Korea are expected to independently resolve disputes to place checks and balances with political powers and safeguard individual rights and freedoms. This book looks into court's function in constitutional, regulatory, civil, commercial, and criminal matters by making Taiwan and Korea in comparison.
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Table of contents
- Title Page
- Copyright
- Table of Contents
- Jiunn-rong Yeh: 1 Introduction
- Body
- Part I: Courts in Constitutional and Administrative Adjudications
- Jiunn-rong Yeh: 2 Court-ordered Apology: The Function of Courts in the Construction of Society, Culture and the Law
- Jong-ik Chon: 3 The Effect of Constitutional Adjudication on the Judicial Branch: The Relationship between the Constitutional Court and the Ordinary Court
- Wen-Chen Chang: 4 The Evolution of Administrative Adjudication in Taiwan: A Model of Judicial Cooperation
- Seong-Wook Heo: 5 The Judicial Review Criteria in Korean Administrative Litigation: The Proportionality Principle in Korean Administrative Law and Democratic Accountability
- Part II: Courts in Civil and Commercial Adjudications
- Chung-jau Wu: 6 The Law-making Function of the Court and the Necessity for a Second Amendment for Taiwanese Law of Contracts: An Observation from Leading Cases
- Jinsu Yune: 7 Judicial Activism and the Constitutional Reasoning of the Korean Supreme Court in the Field of Civil Law
- Ching-Ping Shao: 8 Beyond Uncertainty: Lower Courts' Defiance in Insider Trading Cases
- Hyeok-Joon Rho: 9 Enforcement against Wrongdoing Directors: The Role of the Courts in Korea
- Part III: Changing Courts with Civil and Criminal Procedural Reforms
- Kuan-Ling Shen: 10 The Role of the Courts in Civil Disputes in Taiwan
- Kang-Jin Baik: 11 Civil Disputes in Korea and the New Role of the Court
- Rong-Geng Li: 12 From an Inquisitorial to Adversarial System: The Recent Development in Criminal Justice of Taiwan
- Kuk Cho: 13 The Exclusion of Illegally Obtained Confessions, Electronic Communications and Physical Evidences in Korea
- Contributors