Administrative Law and Governance in Asia: Comparative Perspectives Book

List of Contributors vii

Preface Albert H.Y. Chen Tom Ginsburg ix

1 The judicialization of administrative governance: causes, consequences and limits Tom Ginsburg 1

Part I General perspectives 21

2 On the regulatory dynamics of judicialization: the promise and perils of exploring "judicialization" in East and Southeast Asia Michael W. Dowdle 23

3 Agencification, regulation and judicialization: American exceptionalism and other ways of life Colin Scott 38

4 Riding the accountability wave? Accountability communities and new modes of governance Kanishka Jayasuriya 59

Part II Northeast Asia and Greater China 79

5 Administrative law and judicialized governance in Japan Hitoshi Ushijima 81

6 Government reform, judicialization, and the development of public law in the Republic of Korea Jongcheol Kim 101

7 Democracy-driven transformation to regulatory state: the case of Taiwan Jiunn-Rong Yeh 127

8 Administrative law, politics and governance: the Hong Kong experience Johannes Chan 143

9 More law, less courts: legalized governance, judicialization, and dejudicialization in China Randall Peerenboom 175

Part III Southeast Asia 203

10 The juridification of administrative complaints and review in Vietnam John Gillespie 205

11 The emergence of administrative justice in Thailand under the 1997 Constitution Peter Leyland 230

12 Administrative law and judicialized governance in Malaysia: the Indian connection Gan Ching Chuan 257

13 The judicialization of governance: the case of Singapore Jolene Lin 287

14 "Government by judiciary" in the Philippines: ideological and doctrinal framework Raul C. Pangalangan 313

15 Administrative lawand judicial review in Indonesia: the search for accountability Stewart Fenwick 329

16 Conclusion: reflections on administrative law and judicialized governance in East and Southeast Asia Albert H.Y. Chen 359

Index 381