Globalization of Law and Development in Asia - Paper

Added on - 28 May 2020

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Running head: GLOBALIZATION OF LAW AND DEVELOPMENT IN ASIAGlobalization of Law and Development in AsiaName of the StudentName of the UniversityAuthor Note
1GLOBALIZATION OF LAW AND DEVELOPMENT IN ASIAAbstractThe concept of judicialization refers to the dependence on the judicial means and courts in orderto address any fundamental political controversies, public policy question, issues arising in civilpractice and other moral predicaments. The judicialization process is equipped with the newlyacquired judicial review procedures and the national high courts that are usually used to resolveissues related to civil practice, privacy to property, trade and commerce and environmentalprotection. This global trend towards judicialization results from the adoption of several forms ofconstitutional review that significantly expanded the policy-making capacity of the judges by thecivil law countries and even authoritarian regimes. This research paper analyzes the nature,scope, significance and limitation of judicialization process inEast Asian countries like China.The paper also discusses about the relation ofPeople’s Republic of China (PRC)with its legalframework and with mediation and arbitration as the most common dispute resolution methodsand the significant changes it has brought about in the area of civil practice in China.
2GLOBALIZATION OF LAW AND DEVELOPMENT IN ASIATable of ContentsIntroduction......................................................................................................................................2Judicialization: Meaning..............................................................................................................3Significance of Judicialization in China..........................................................................................3Limitation of judicialization in dispute resolution and policy making process...............................6Reasons for limited judicialization..................................................................................................8Dejudicialization..............................................................................................................................9Mediation: an effective alternate dispute resolution method.........................................................10Conclusion.....................................................................................................................................12Reference list.................................................................................................................................13
3GLOBALIZATION OF LAW AND DEVELOPMENT IN ASIAIntroductionIn democracies, especially in the elected assemblies, decision-making is based on a freeand majority principle among equals. However, in regards to the courts, the court proceduresgenerally include special staff, including judges who possess legal knowledge and skills. Itfurther includes the conflict resolution between various parties in either an authoritative or aregular way in accordance to the predetermined rules. This further includes ascertainment offacts of the different cases and assessing the arguments advanced by the conflicting parties,considering its prospective effects on similar cases in the future.Judicialization of politics refers to the trustworthiness towards the judicial means andcourts for addressing central moral dilemma, political controversies and public policy questions.Given the newly acquired judicial review procedures, national high courts universally have beenfrequently addressed to resolve variety of issues, right from equality rights, privacy, religiousliberties, education, immigration, environmental protection, etc. In East Asian countries likechina, several changes have been undertaken in the incidence and nature if conflicts, socialdisturbances, dispute as well as in the mechanisms used to address the same. The global trend ofjudicialization is seen to be inclined towards social, political and economic issues.This research paper aims at explaining the concept of judicialization and its significanceas an essential objective in law.The research talks about the growing judicialization trend and itsimpact on the significant developments in dealing with the socio-economic claims, issuesrelating to civil practice in East Asia countries like China. The paper further demonstrates acritical analysis of the changes that judicialization has brought in the dispute resolution
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