New Briefing Paper
The Asian Law Centre has recently published a new Briefing Paper, outlining the Chinese judicial system. This paper can be downloaded without charge from the ALC website.
No 6 - A Brief Introduction to the Chinese Judicial System and Court Hierarchy, by Yifan Wang, Sarah Biddulph and Andrew Godwin
This paper provides a concise and practical summary of the structure of the Chinese judicial system and court hierarchy, explains key legal processes under Chinese procedure law, and examines the role and functions of courts. In offering this introduction to the Chinese judicial system, the paper also discusses key concepts in the Chinese judicial system that do not have directly equivalent counterparts in the Australian judicial system, including: collegiate panels (合议庭); judicial committees (审判委员会); people’s assessors (人民陪审员); and the people’s procuratorates (人民检察院) (public prosecutor). The paper also outlines some of the recent reforms introduced by the Communist Party’s Central Committee in their Third and Fourth Plenum decisions on judicial reform adopted in 2013 and 2014 respectively.
Indian Law Review
Associate Professor Farrah Ahmed is part of a global team of exceptional scholars editing the newly launched Indian Law Review (ILR) in 2017.
- to publish top quality scholarship on Indian law spanning all areas of law including comparative perspectives that include Indian Law
- to offer a forum for the community of scholars of Indian Law both within and outside India
- to take a broad interdisciplinary approach to the study of Indian Law, thereby reaching a wide readership, including legal academics, philosophers, criminologists, anthropologists, sociologists, historians, political scientists, legal practitioners and others
Admin Law Blog
Associate Professor Farrah Ahmed (Associate Director, India) is one of three co-editors for the newly launched Admin Law Blog.
This is a forum for the discussion of ideas and developments of interest to scholars of administrative law across the common law world. It aims to connect administrative law scholars to each other and to contribute to the growing field of comparative administrative law. The blog is edited by Farrah Ahmed (Melbourne Law School), Swati Jhaveri (National University of Singapore), and Adam Perry (University of Oxford).
Australian Journal of Asian Law
The latest issues of the 'Australian Journal of Asian Law' (Volume 17, Numbers 1 and 2) are now available online.
Volume 17, Number 2
- In Memoriam: ‘Saya’ U Ko Ni, Myanmar's Advocate for Constitutional Reform, by Melissa Crouch
- Commercial Free Speech – A Critical Reconsideration, by Richard Cullen and Kevin K.S. Tso
- People Smuggling in Indonesia: Complexities, (Mis)Conceptions and Their Consequences for Sentencing, by Antje Missbach
- Shadow Banking and Regional Coordination in Asia: Risks, Challenges and Benefits, by Andrew Godwin, Ian Ramsay and Drossos Stamboulakis
- The Foundation Stones for a Private Pension Fund in Bangladesh, by Md. Shamim Alam and Geoffrey Andrew Nicoll
- Conceptions of Scientifically-Based Law-Making and Empirical Approaches to Chinese Low-Carbon Regulation, by Steven JW Geroe
- Implementation Mechanism of Human Rights Treaties in Bangladesh: A Critical Analysis, by Najnin Begum
- Rethinking China's Reform of Corporate Governance: A Perspective of Path Dependence, by Tianshu Zhou
- Exploring the Right to Development Through the Right to Food in Bangladesh: Potentials and Pitfalls, by Md Jobair Alam
- Protection of Geographical Indications Under China's Intellectual Property Legal Framework, by Haizheng Zhang, Didi Hu and Yanhui Li
- Open Access Order and Interconnected Institutions: The Case of India, by G Yu
- Public Participation in the Legislative Process in Vietnam and the Concept of Public Consultation, by Le Hong Hanh
- Book Review: Introduction to the Hong Kong Basic Law, by I Grenville Cross
Volume 17, Number 1
- Sorcery Crimes, Laws, and Judicial Practice in Traditional China, by Xiaohuan Zhao
- The Inequality of Bargaining Power: Does Malaysia Need this Doctrine?, by Adnan Trakic
- The Role of Courts in Hybrid Regimes and a Reconceptualisation of Separation of Powers: The Case of Filibuster in Hong Kong, by Julius Yam
- The Application of the Morton Principles in Canada Steamship Lines Ltd v the King in Singapore Reconsidered, by Wee Ling Loo
- War Crimes Trial in Bangladesh: A Legal Analysis of Fair Trial Debates, by Ridwanul Hoque
- Should Direct to Consumer Advertisements (DTCA) of Prescription Drugs Remain Banned in Malaysia?, by Siva Barathi Marimuthu
- Farewell Adnan Buyung Nasution, by Timothy Lindsey and Todung Mulya Lubis
- Farewell Professor Gerald P McAlinn, by Stacey Steele
- The Evolution of Singapore's Common Law Fiqh, 1957-2013, by M.B. Hooker
- Book Review: Central-Local Relations in Asian Constitutional Systems, by Anna Dziedzic
- Book Review: Securities and Capital Markets Law in China, by Andrew Godwin
- Book Review: The Internationalisation of Legal Education: The Future Practice of Law, by Kathryn Taylor
- Review Essay: Courts and Justice in Comparative Perspective, by Sarah Biddulph
- Book Review: Juries in the Japanese Legal System, by Stacey Steele
- Review Essay: The Constitution of Singapore: A Contextual Analysis, by Benjamin Lawrence
- Farrah Ahmed, "The Autonomy Rationale for Religious Freedom", 80(2) Modern Law Review, 238-262 (forthcoming, 2017).
- Farrah Ahmed, "Islamic Community Processes in Australia" in Samia Bano and Jennifer Pierce (eds), Mediation and Religious Arbitration in National Contexts, Dartmouth College Press (forthcoming).
- Farrah Ahmed, "The Problem with Personal Law" in Shazia Chaudhury and Jonathan Herring (eds), Cambridge Companion to Family Law, Cambridge University Press (forthcoming).
- Farrah Ahmed and Adam Perry, "Constitutional Statutes", 37(2) Oxford Journal of Legal Studies, 461-481 (forthcoming, 2017).
- Farrah Ahmed and Adam Perry, "Standing and Civic Virtue", Law Quarterly Review (forthcoming).
- Sarah Biddulph, "Structuring China's Engagement with International Human Rights: The Case of Wage Protection Law and Practice" in Ljiljana Biukovic and Pitman B. Potter (eds), Local Engagement with International Economic Law and Human Rights, Edward Elgar (forthcoming, 2017).
- Sarah Biddulph, "Justice at the Margins: Notions of Justice in the Punishment of Prostitution" in Flora Sapio, Susan Trevaskes, Sarah Biddulph and Elisa Nesossi, Justice: The China Experience, Cambridge University Press (forthcoming).
- Hualing Fu, John Gillespie, Pip Nicholson and William Partlett (eds), Socialist Law in Socialist East Asia, Cambridge University Press (forthcoming, 2018).
- Pip Nicholson and DO Hai Ha, "Vietnamese Lawyering" in R Abel, Hilary Sommerlad, Ulrike Schultz and Ole Hammerslev (eds) Lawyers in Society, Hart (forthcoming).
- Pip Nicholson and DO Hai Ha, "The Vietnamese Constitution: Politics, Reform and Ambiguity" in Wen-Chen Chang, Albert Chen and David Law and (eds) Oxford Handbook of Constitutional Law in Asia, Oxford University Press (forthcoming).
- Pip Nicholson and Nguyen Hung Quang, "Asia-Pacific Judiciaries: Independence, Impartiality, and Integrity in Vietnam" in H.P. Lee (ed) Asia Pacific Judiciaries, Cambridge University Press (forthcoming, 2017).
- Pip Nicholson and Pham Lan Phuong, "Roots and Routes: Adapting the Soviet-inspired Vietnamese Court and Procuracy Systems" in Hualing Fu, John Gillespie, Pip Nicholson and William Partlett (eds) Socialist Law in Socialist East Asia, Cambridge University Press (forthcoming, 2018).
- Flora Sapio, Susan Trevaskes, Sarah Biddulph and Elisa Nesossi, Justice: The China Experience, Cambridge University Press (forthcoming).
- Flora Sapio, Susan Trevaskes, Sarah Biddulph and Elisa Nesossi, "Of Ceremonial Columns" in Flora Sapio, Susan Trevaskes, Sarah Biddulph and Elisa Nesossi, Justice: The China Experience, Cambridge University Press (forthcoming).
- Flora Sapio, Susan Trevaskes, Sarah Biddulph and Elisa Nesossi, "The Expression of Justice in China" in Flora Sapio, Susan Trevaskes, Sarah Biddulph and Elisa Nesossi, Justice: The China Experience, Cambridge University Press (forthcoming).
- Stacey Steele, Andrew Godwin, Jin Chun, Han Changyin, Ren Yimin and Chi Weihong, "Trends and Developments in Chinese Insolvency Law: The First Decade of the PRC Enterprise Bankruptcy Law", American Journal of Comparative Law (forthcoming).
- Stacey Steele and Hayden Opie (eds), Match-Fixing in Sport: Comparative Studies from Australia, Japan, Korea and Beyond, Routledge (forthcoming, 2018).