Legal Reform in Northeast Asia: Institutional Change and Constitutionalism, Part 1

Legal Reform in Northeast Asia: Institutional Change and Constitutionalism in Comparative Perspective, by Tom Ginsburg, Professor of Law, University of Chicago

Professor Ginsburg addresses significant shifts in legal institutions in Japan, Korea, and Taiwan. Two decades ago, legal systems in the three countries were very similar, and featured a combination of a small private bar, high quality but politically constrained judges, and an insulated administrative state. Since roughly 1990, these three core features have undergone significant transformations. Dr. Ginsburg explores competing explanations for these changes, which include major developments in administrative law, an increase in the size of the private bar, and a growing judicialization of politics. Although the various institutional changes have been largely orthogonal to constitutional change, they are likely to have constitutional implications in the future.

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