Bibliography for Theories of Law and Development etc

By -
BIBLIOGRAPHY

Bergling, P (2006), Rule of Law on the international Agenda: International Support to Legal and Judicial Reform in International Administration, Transition and Development Co-operation, Antwerp, Oxford: Intersentia

Booth, A (1999) ‘Initial conditions and miraculous growth: Why is South East Asia different from Taiwan and South Korea?’ 27: 2 World Development 301

Bui Ngoc Son (2016), Confucian Constitutionalism in East Asia, Abingdon: Routledge

Butt, S (2007) ‘The Constitutional Court’s decision in the dispute between the Supreme Court and the Judicial Commission: Banishing judicial accountability?’, in H McLeod and R MacIntyre (eds), Indonesia: Democracy and the Promise of Good Governance (Singapore, ISEAS)

Carothers, T (1998) ‘Rule of law revival’, 77(2) Foreign Affairs 95

Cheesman, N (2011) ‘How an authoritarian regime used special courts to defeat judicial independence’, 45 Law and Society Review 801
Clapp, P (2017) ‘The 2008 Constitution: The evolution of leadership’, ch.5 of of Harding, A and Khin Khin Oo (eds), Constitutionalism and Legal Change in Myanmar, Oxford: Hart Publishing

Constitution of the Union of Myanmar 2008: Naypyithaw, Printing and Publishing Enterprise, Ministry of Information

Crouch, M (2014), ‘The common law and constitutional writs: Prospects for accountability in Myanmar’, ch.8 of Lindsey, T, and Crouch, M (eds) Law, Society and Transition in Myanmar, Oxford: Hart Publishing

Crouch M, (2017) 'Judicial power in Myanmar and the challenge of judicial independence, in Lee, HP (ed), Asia-Pacific Judiciaries: Independence, Impartiality and Integrity, Cambridge: Cambridge University Press
Dawkins, A, and Cheesman, N (2017) ‘Myanmar’s “without charge” lawyers’, unpublished conference paper on file with the author

Ewing-Chow, M (2007) ‘First do no harm: Myanmar trade sanctions and human rights’, 5:2 Northwestern Journal of International Human Rights 153
Fukuyama, F (2011), The Origins of Political Order: From Prehuman Times to the French Revolution, New York: Farrar, Straus and Giroux

Furnivall, JS (1948) Colonial Law and Practice: A Comparative Study of Burma and Netherlands Indies (New York, New York University Press)

Gardner, JA (1980) Legal Imperialism: American Lawyers and Legal Aid in Latin America: Madison, University of Wisconsin Press
Haggard, S, MacIntyre, A, and Tiede, L (2008), ‘The Rule of law and economic development’, 11 Annual Review of Political Science 205


Harding, A (2014), ‘Law and development in its Burmese moment: Legal reform in an Emerging democracy’, ch.20 of T Lindsey and M Crouch (eds), Law, Society and Transition in Myanmar, Oxford: Hart Publishing
Harding, A, and Carter, C, (2003), ‘Cutting through the complexity: The Singapore model of law and development’, ch.10 of Perry-Kessaris, A, and Hatchard, J (eds), Facing Complexity: Law and Development in the 21st Century, London, Cavendish
Harding, A, and Leyland, P (2012) ‘The colour of Thailand’s constitutional reforms: Red, yellow, or orange?’, ch.4 of Linnan, D (ed), Legitimacy, Legal Development and Change: Law and Modernisation Reconsidered, Farnham: Ashgate.
Harding, A, and Nicholson, P (eds) (2010), New Courts in Asia, Abingdon: Routledge
Humphreys, S (2010), Theatre of the Rule of Law: Transnational Legal Intervention in Theory and Practice, Cambridge: Cambridge University Press
Huxley, A (1988-9) ‘Burma: it works, but is it law?’ 27 Journal of Family Law 23
Huxley, A (2004) ‘Case note: California refuses to apply Myanmar law’, 6:1 Asian Law 88
Huxley, A (2008) ‘Case Note: Comparative Law Aspects of the Doe v Unocal Choice of Law Hearing’, 1:1 Journal of Comparative Law 219
International Bar Association, Human Rights Institute (2012) The Rule of Law in Myanmar: Challenges and Prospects: London, IBA
Johnson, C (1995) Japan, who Governs? The Rise of the Developmental State, Norton
Krygier, M (2011) ‘Four puzzles about the rule of law: Why, what, where? And who cares?’, in J Fleming (ed), Getting to the Rule of Law, (New York, NTY Press), 64

Leelapattana, R (2017) ‘The Buddhist version of Carl Schmitt’s constitutional theory: Thai-ness and the Thai-style democracy in the age of transition’, upublished conference paper on file with the author
Matsui, S (2010) The Constitution of Japan: A Contextual Analysis, Oxford: Hart Publishing
Matsui, S (2011) ‘Why is the Japanese Supreme Court so conservative?’ 88:6 University of Washington Law Review 1375
Menon, S (2013) ‘Transnational commercial law: Realities, challenges and a call for meaningful convergence’, Singapore Journal of Legal Studies 231.
Myint Zan (2000) ‘Judicial independence in Burma: No march backwards towards the past’, 1 Asia-Pacific Law and Policy Journal i
Nader, L (2007) ‘Promise or plunder: A past and future look at law and development’ 7:2 Global Jurist, Article 1

Nang Mo Kham Hom (2000) ‘ “Revolutionary legality”: The coup d'etat. of 1962 and the Burmese military regime’, 4 Southern Cross University Law Review 60
Nardi, D and Lwin Moe (2014 ‘Understanding Myanmar’s Supreme Court docket’, ch.6 of Lindsey, T, and Crouch, M (eds) Law, Society and Transition in Myanmar, Oxford: Hart Publishing

Nardi, D (2017) ‘How the Constitutional Tribunal’s Jurisprudence Sparked a Crisis’, ch.9 of Harding, A and Khin Khin Oo (eds), Constitutionalism and Legal Change in Myanmar, Oxford: Hart Publishing

Neo, Jaclyn (ed), Constitutional Interpretation in Singapore: Theory and Practice, Abingdon: Routledge

New Perimeter, Perseus Strategies and JBIHR (2013) Myanmar Rule of Law Assessment, http://www.jbi-humanrights.org/files/burma-rule-of-law-assessment.pdf

Newton, S (2008) ‘Law and development, law and economics and the fate of legal technical assistance’, ch.1 of J Arnscheidt, B van Rooij and JM Otto (eds), Lawmaking for development: Explorations into the theory and practice of international legislative projects: Leiden, Leiden University Press

Ohnesorge, J (2012) ‘Law and development orthodoxies and North East Asian experiences’, ch.2 of Pejovic, C and MAlinn, J (eds) Law and Development in Asia, Abingdon: Routledge

Pedersen, M (2012) ‘Rethinking international assistance in Myanmar in a time of transition’, ch.15 of Cheesman, N, Skidmore, M, and Wilson, T (eds) Myanmar's Transition: Openings, Obstacles and Opportunities, Singapore, ISEAS


Peerenboom, R (2009) China’s Long March Toward Rule of Law, Cambridge: Cambridge University Press

Pye, L (1985), Asian Power and Politics: The Cultural Dimensions of Authority, London: Bellknap

Rittich, K (2006) ‘The future of law and development: Second generation reforms and the incorporation of the social’, ch.6 of Trubek and Santos (2006)

Rose, C (1998), ‘The “new” law and development movement in the post-cold-war era: A Vietnam case study’, 32:1 Law and Society Review 93

Saffin, J (2012) ‘Where are Burma’s lawyers in the transition?’, New Mandala, ANU, July 2012,  <http://asiapacific.anu.edu.au/newmandala/2012/07/18/where-are-burma%E2%80%99s-lawyers-in-the-transition/> (accessed 23 May 2017)

Saffin, J (2017) ‘Seeking constitutional settlement in Myanmar’, ch.1 of Harding, A and Khin Khin Oo (eds), Constitutionalism and Legal Change in Myanmar, Oxford: Hart Publishing

Saffin, J, and Willis N (2017) ‘The legal profession and the substantive rule of law in Myanmar’, ch.12 of Harding, A and Khin Khin Oo (eds), Constitutionalism and Legal Change in Myanmar, Oxford: Hart Publishing

Shanmugam, K (2012) ‘The rule of law in Singapore’, Singapore Journal of Legal Studies 357

Southalan, J (2006) ‘Burma and the common law: an uncommon question’, Thai Law Forum, http://www.thailawforum.com/articles/john-southalan.html (accessed 23 May 2017)
Stanton, T (2014), ‘Law and economic development: The cautionary tale of Burma’, 1:1 Asian Journal of Law and Society 165
Tamanaha, B (1995) ‘The lessons of law and development studies’, 89 American Journal of International Law 470
Tan, Kevin YL (2002) ‘The role of public law in a developing Asia’, Singapore Journal of Legal Studies 265

Taylor, R (2012), ‘Myanmar: From army rule to constitutional rule’, 43:2 Asian Affairs, 221

Teng Ssu-yu (1943) ‘Chinese influence on the Western examination system, I: Introduction’ 7:4 Harvard Journal of Asiatic Studies 267

Thompson, EP (1975), Whigs and Hunters: The Origins of the Black Act, New York: Pantheon

Trubek, D, and Galanter, M (1974), ‘Scholars in self-estrangement: Some reflections on the crisis in law and development studies in the United States, Wisconsin Law Review 1066

Trubek, D (2001) ‘Law and development’, Encyclopedia of Social and Behavioural Sciences,Oxford: Elsevier Science,  8442
Trzcinski, L, and Upham, F (2014), ‘Creating law from the ground up: Land law in post-conflict Cambodia’, 1:1 Asian Journal of Law and Society 55

Trubek, D, and Santos, A (2006) (eds) The New Law and Economic Development: A Critical Appraisal (Cambridge, Cambridge University Press)

Turnell, S (2014), ‘Legislative foundations of Myanmar’s economic reforms’, ch.10 of Lindsey, T, and Crouch, M (eds) Law, Society and Transition in Myanmar, Oxford: Hart Publishing
Van Puymbroeck, RV (2001), Comprehensive Legal and Judicial Development: Toward an Agenda for a Just and Equitable Society in the 21st Century, New York: The World Bank

Wang Jiang-yu (2004) ‘Rule of law in China: a realistic view of the jurisprudence, the Impact of the WTO, and the Prospects for Future Development, Singapore Journal of Legal Studies, 347

Wigdor, M (2013), No Miracle: What Asia can Teach all Countries About Growth, Farnham: Ashgate

Williams, D (2008-9) ‘Constitutionalism before constitutions: Burma’s struggle to build a new order’, 87 Texas Law Review 1657
Woo-Cummings, M (1999) (ed) The Developmental State, New York: Cornell University Press
World Bank (1993) The East Asian Miracle: Economic Growth and Public Policy: Main Report, New York: Oxford University Press
Yeh Jiunn-rong (2016) The Constitution of Taiwan: A Contextual Analysis, Oxford: Hart Publishing


Comments

Post a comment

Popular posts from this blog

A Breach of Promise and a Matter of Sovereign Immunity: Mighell v The Sultan of Johor

By -
[This unpublished jeu d'esprit concerns the famous case of Mighell v Sultan of Johore ,  Law Reports  [1894] 1 Q B 149] In the 1880s Sultan Sir Abu Bakar ibni Daing Ibrahim , the Ruler of Johor, a State on the Malay Peninsula (he reigned from 1862 to 1895), was the very model of a modern Asiatic prince. Not only was he tall, distinguished and handsome, but he was the progressive Ruler of a prosperous State that had good relations with the British Empire and enjoyed its protection. He was known as a good Muslim (he had recently had himself re-styled ‘Sultan’ of Johor instead of ‘Maharaja’), well educated with fluent English, a moderniser, and a man of cosmopolitan tastes. He was well travelled, as much at home chatting with Chinese contractors as he was accompanying the future King George V by car to the Singapore races. Queen Victoria herself became his life-long friend. He was destined to make many improvements to the law and administration of his state, bequeathing t
Read more

Comparative Law and Legal Transplantation in South East Asia: Making Sense of the "Nomic Din"

By -
[ch.9 of Nelken, D., and Feest, J. (ed), Adapting Legal Cultures ( Oxford , Hart Publishing, 2001); NB. Excuse some minor transcription errors which are due to scanning hard copy. This piece is probably my most-cited one, and is used often in comparative law courses; so much so that some generations of law students know me as the 'The Nomic Din Guy'.] INTRODUCTION In the mainstreams and occasional eddies of comparative law, as well as in the related fields of comparative sociology of law, legal theory in general, and law and development, virtually no account has been taken of the South East Asian legal experience, even though some excellent and highly relevant work on the region has been done. Scholars in the field of law in South East Asia have therefore trodden a somewhat lonely path. [1] The neglect of South East Asia is a very unfortunate missed opportunity to experiment in an ideal laboratory. The region has an abundance of legal traditions, practically
Read more

PROSPECTS FOR MALAYSIA BARU: CONSTITUTIONAL CHANGE WITHOUT CHANGING THE CONSTITUTION

By -
[Text of a public lecture under this title given by the author in the Jeffrey Cheah Distinguished Speaker Series, at Sunway University on 3 September 2018] The events of Wednesday 9 May 2018 marked a fundamental change in Malaysia. Never before had the Malaysian people gathered en masse to use their votes to change the government. They did so across all of the many divides: ethnic, religious, linguistic, geographical, and socio-economic. They achieved this without violence and in accordance with the constitution and the law. State and federal officials acted conscientiously, upholding the best traditions of public service. Give or take a few points, every official from the Yang di-Pertuan Agong down to the local police did their job excellently. The voters maintained good spirits, enjoying the moment of democracy, respecting their differences, and at the same time being watchful to ensure that their votes were properly counted and respected. In some cases voters had to lobby bal
Read more