Law, Legal Culture and Politics in the Twenty First CenturyGünther Doeker-Mach, Klaus A. Ziegert This is a collection of essays on general and specific topics of comparative private and comparative public law by distinguished legal scholars from every part of the world in honour to the work of Alice Ehr-Soon Tay. The essays demonstrate the changing approach to common law in legal culture and present a body of texts on comparative law problems arching from Asia to Europe to Australia. The volume furthermore indicates that there is no area where comparative law has proved more dominant and useful than in regard to human rights and comparative constitutional analysis. Finally, this book is an outstanding cross-cultural contribution to comparative private law and comparative constitutional law in terms of understanding legal culture and law. It will be invaluable to all those who practise, teach or judge law. Articles by Kim Santow, Saul Fridman, W. M. C. Gummow, J. A. Jolowicz, Hiroshi Matsuo, Ivan Shearer, Christopher Birch, Tom Campbell, Roland Drago, Jennifer Hill, Michael Kirby, Karin Lemercier, Aleksander Peczenik, Robert S. Summers, Albert H.Y. Chen, Jianfu Chen, Edward McWhinney, Eric Smithburn, Klaus A. Ziegert, Margaret Allars, Han Depei, Guenther Doeker-Mach, Hoang Van Hao, Tommy Koh, Adam Lopatka, Gabriel A. Moens, Cao Duc Thai, Wang Gungwu, Peter Wesley-Smith, Murray Gleeson, Julia Horne List of Publications of Alice Erh-Soon-Tay . |
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Contents
Preface | 13 |
The High Court of Australia and the House of Lords 19032003 | 43 |
Civil Procedure and the Common and Civil Law | 55 |
Reception of Law and Civil Law Traditions | 79 |
Human Rights in an Age of Terrorism | 89 |
Corrective Justice and the Paradox of Future Individuals | 109 |
Collective Rights and Individual Interests | 127 |
Le principe de précaution | 148 |
To have the Cake and Eat it Too? China and the Rule of Law | 250 |
Codifying International Law in an Era of Clashing Civilisations | 273 |
The Case of Changing Norms | 324 |
Australia and East Asia a Solid Bond | 414 |
The Subsidiarity Principle in European Community Law and the Irish | 424 |
Globalisation the Market Economy and Human Rights | 439 |
Chinas Long Road to Sovereignty | 453 |
Judges and Judicial Power under the Hong Kong Basic Law | 465 |
The Future of Human Rights Does it have one? | 165 |
Our paradoxical Legal System and its Courts | 176 |
Justice in Legal Doctrine | 197 |
The Form and Content of a Precedent Methodology | 212 |
Sociolegal Thought and Legal Modernization in Contemporary China | 226 |
A Tribute to Professor Alice Tay | 489 |
List of Publications of Alice ErhSoonTay | 509 |
Contributors | 525 |
Common terms and phrases
administrative adopted Alice Tay appeal applied appointment Article Australia Canadian Airlines CCAA Chinese civil law claims codification collective rights Commission Committee common law concept constitutional Corporate Governance corrective justice creditors criminal cultural decision due process rights economic Eugene Kamenka European fact fugitive disentitlement doctrine function fundamental global Hague Convention High Court human rights individual insolvency institutions interests International Law International Law Commission issues judge judicial jurisprudence jurists law in China law system lawyers legal communication legal operations legal system legislation Luhmann market economy modern moral Nordic norms paradox parents parties person plaintiff political precedent Prevot principle privatisation problem procedure proportionality protection question reason reflective equilibrium reform regimes role rule of law Russian scholars social socialist socialist market economy society Soviet status structure substantive Supreme Court theory tion tort traditional United Nations University