Full Description
Administrative litigation systems are a rapidly developing legal field in many countries. This book provides a comparative study of the administrative litigation systems in China, Hong Kong, Taiwan and Macao, as well as a number of selected European countries that covers both states with an advanced rule of law and new democracies. Despite the different historical backgrounds and the broader context which has cultivated each individual system, this collective work illustrates the common characteristics of the rapid development of administrative litigation systems since the 1990s as a consequence of the advancement of the rule of law at a global level. All of the contributors have addressed a wide array of key issues in their particular jurisdiction, including court jurisdiction, the scope of judicial review, grounds of litigation claims and mediation in judicial process. Whilst pointing out the shortcomings and challenges which are faced by each jurisdiction, the book offers both ideas and inspiration on how the systems can learn from, and influence each other. This book is essential reading for those studying Chinese law, administrative litigation and comparative law, as well as judges and lawyers specialising in administrative litigation, and administrative courts.
Contents
Chapter 1 Introduction Battling in the Courts: Dynamics of Administrative Litigation Systems across Jurisdictions, Yuwen Li, Yun Ma; Part I Administrative Litigation Systems in Greater China; Chapter 2 The Hurdle is High: The Administrative Litigation System in the People's Republic of China, Yuwen Li, Yun Ma; Chapter 3 The Administrative Litigation (Judicial Review) System in Hong Kong and its Future, Feng Lin; Chapter 4 The Administrative Litigation System in Macao, Chaoyang Jiang, Yang Feng; Chapter 5 The Past, Present and Future of the Administrative Litigation System in Taiwan, Wunyu Chang, Yun Ma; Part II Administrative Litigation Systems in Western Democracies; Chapter 6 Judicial Review of Administrative Decisions in the Netherlands, Pieter van Dijk; Chapter 7 Administrative Litigation in Germany, Arno Scherzberg, Josephine Seidl; Chapter 8 Administrative Litigation in England and Wales, Andrew Le Sueur; Part III Administrative Litigation Systems in Transitional Eastern European States; Chapter 9 Administrative Litigation in Poland, Mateusz B?achucki; Chapter 10 Administrative Litigation Law and Practice in Romania, Petra Gyöngyi;
