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Which of the three legal doctrines of public use, just compensation, and due process is the most effective in constraining abuses of eminent domain power? This paper addresses this question for the first time and presents the first-ever systematic investigation of the judicial review of eminent...
Persistent link: https://www.econbiz.de/10013240783
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...
Persistent link: https://www.econbiz.de/10014214872
Persistent link: https://www.econbiz.de/10014563773
effectively enforce the rights of Chinese citizens enshrined within the Constitution of the People’s Republic of China. Such … given to the comparative implications of the judicialization of the constitution in lower courts, as well as the possibility …
Persistent link: https://www.econbiz.de/10014158048
Apart from the loss of time and money, disputes between public authority and private partner in China’s public-private partnership (PPP) projects are destroying the government’s image of PPP support and the private partner’s investment confidence. This article aims to explore the main...
Persistent link: https://www.econbiz.de/10012506072
While technology is playing an increasingly important role in courtrooms around the world, Chinese courts are adopting and experimenting with deep technologies at a much faster pace and on a greater scale than their counterparts in most other countries. In recent years, Chinese courts have seen...
Persistent link: https://www.econbiz.de/10012839706
China has achieved remarkable success in building the necessary institutions for a functional legal system. However, it seems that the Chinese government is more willing to nurture rule of law in some areas, while still striving to maintain excessive administrative discretion - namely rule of...
Persistent link: https://www.econbiz.de/10014218583
Property right has been advocated as an important prerequisite to economic development. However, it might encourage opportunistic behaviors, which could undermine public interest. This paper exploits unique features of China’s centralized jurisdiction of administrative litigation to study...
Persistent link: https://www.econbiz.de/10014077564
Utilizing China's ``Trans-Regional Jurisdiction'' Reform in administrative litigation that started in 2014, the paper uses the difference-in-differences identification strategy to estimate the effects of improved judicial independence on protecting the rights of the private sector against...
Persistent link: https://www.econbiz.de/10013310370
Based on extensive interviews with judges and a survey on in-court mediation covering 24 courts in China, this paper seeks to answer a question that interests many legal scholars: Is it practically feasible for the mediation of civil disputes in China to take the shape of genuine alternative...
Persistent link: https://www.econbiz.de/10012894167