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The global trend has been toward the judicialization of social, economic and political issues. Civil law countries, newly established democracies and even authoritarian regimes have now adopted various forms of constitutional review that greatly expand the policy-making capacity of judges. In...
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Chinese courts have generally played a limited, and rather ineffectual, role in implementing economic and social rights (ESR). In contrast, Indian courts have adopted a much more activist approach, and have been long regarded as a global leader in judicial enforcement of ESR. Nevertheless,...
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In 2006 the PRC significantly amended its Company Law, signaling a shift from a self-enforcing model of corporate law to one inviting broad judicial involvement in corporate disputes. This shift had very significant implications for the technical competence, institutional autonomy and political...
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