Suchergebnisse

Legal hybrids have the potential to address justice and development issues in both conflict and postconflict settings. Using the Philippine Shari'ah court system as a case study, this study demonstrates that state hybrids suffer from legitimacy and capacity issues that also constrain their ability to deliver effective justice services and respond to conflict challenges. Forging cooperative networks between secular courts and Shari'ah courts and between local justice personnel and central justice authorities can enhance the effectiveness and legitimacy of a formalized legal hybrid. This can assist in addressing the justice deficit that fuels the cycle of conflict and sustain peacebuilding efforts postconflict.

Courts have become an increasing focus for political contestation in Southeast Asia. Yet little is known about the basis of their political power and legitimacy. Drawing on recent scholarship in the field of judicial politics, and presenting a case study

Courts have become an increasing focus for political contestation in Southeast Asia. Yet little is known about the basis of their political power and legitimacy. Drawing on recent scholarship in the field of judicial politics, and presenting a case study

Courts have become an increasing focus for political contestation in Southeast Asia. Yet little is known about the basis of their political power and legitimacy. Drawing on recent scholarship in the field of judicial politics, and presenting a case study of the Philippine Supreme Court after the transition to democracy in 1986, this article explores the conditions under which the Court has exercised its powers in the context of a democratizing state such as the Philippines. More specifically, it will show how strong public support has enabled the Court to exercise its judicial review powers and its authority over contending political actors. In drawing attention to the understudied link between public support and judicial assertiveness, the paper aims to advance existing scholarship by going beyond existing indicators of judicial independence and to provide new insights into the dynamics of evolving constitutional practice in the region through the interaction of the courts with the public. (Contemp Southeast Asia/GIGA)

The main question in this research project is whether regional integration promotes the rule of law in ASEAN. The thesis has adopted a functional, rather than conceptual, approach to understanding the rule of law and its development in regional integration. While the approach reflects an instrumentalist function of the rule of law, the study provides a holistic and interdisciplinary approach taking account of the legal, insitutional, and political processes in the state, the region, and international relations to show the motivations and interests of member states in adopting a peculiar type of regional arrangement. The research project has taken the European Union for comparison, not as a model in the strict sense, to identify the development of legal and institutional processes that build the foundation of the rule of law and the factors that drive the evolution of state-like constitutionalism. Common legal tradition of the rule of law, leadership role of key member states, and regional institution building are the main processes in the development of the rule of law in the EU and are either lacking, different, or weak in the context of ASEAN. However, an evolving form of the rule of law exists in ASEAN. The rule of law in ASEAN integration is designed to provide a stable and coherent framework for interstate relations among member states and to achieve effective implementation of the member states economic commitments. ASEAN has adopted an instrumentalist conception of the rule of law and one based on thin constitutionalism, as reflected in the ASEAN Charter. The features of the rule of law in ASEAN are state-controlled, limited, evolutionary and resting on soft legal regime. ASEAN has chosen a different path at regional integration and globalization has offered new techniques of the rule of law. Regionalism in ASEAN remains statist in character and the ASEAN Way is still entrenched. There are significant developments towards adopting a broader basis of regional cooperation and opportunities for developing ...

The Duterte administration is often considered a rupture in Philippines' politics. Yet, how different is Duterte's programme of change from the past governments, particularly from its predecessor, the Aquino II administration? Is there a shift in regime orientation and policy preferences from Aquino II to Duterte? What will this mean to the future direction of Philippine democracy, its economic development, peace and security, and relations with other countries. This volume focuses on four critical areas-politics and governance; economic governance; Mindanao peace process; and international relations-to illustrate continuities or discontinuities in policies and governance of institutions to explain the dynamics of change in the Philippines. It pays particular attention to the crucial period between Aquino II and the early years of Duterte. The reason is that Aquino II represents an important period for rebuilding and consolidating institutions of governance and accountability after two previous tumultuous administrations. Yet Aquino II also demonstrates the inherent flaws of Philippine democracy and unravels the contradictory forces vying for state power that sets the scene for Duterte's rise. Reflecting on the crucial transition period between the two presidencies, while also providing a much-needed update on the most noteworthy policy changes since Duterte's inauguration, the book fills an important scholarly gap in understanding Asia's oldest and most puzzling democracy.

Frontmatter -- Contents -- List of Tables -- List of Figures -- Acknowledgements -- Acronyms and Glossary -- Contributors -- Introduction From Aquino II to Duterte: Change, Continuity—and Rupture / Deinla, Imelda / Dressel, Björn -- PART I: POLITICS AND GOVERNANCE -- 1. The Rise of Illiberal Democracy in the Philippines: Duterte's Early Presidency / Thompson, Mark R. -- 2. Finding Federalism in the Philippines: Federalism— "The Centerpiece of My Campaign" / Rood, Steven -- 3. On Crooked Ways and Straight Paths: Assessing Anticorruption Governance of the Arroyo and Aquino Governments / Saguin, Kidjie -- PART II. Economic Governance -- 4. How Has the Economy Fared under the Duterte Administration So Far? / Gochoco-Bautista, Maria Socorro -- 5. The Philippine Economy: Renewed Dynamism, Old Challenges / Cabuay, Christopher / Hill, Hal -- 6. Competition Law and Policy in the Philippines: A Role in Sustained and Inclusive Economic Growth / Burgess, Rachel -- PART III. Peace Process in Mindanao -- 7. Prospects for Lasting Peace in Mindanao: Peacemaking and Peacebuilding under the Aquino and Duterte Administrations / Stephens, Matthew -- 8. Prospects for the Normalization Process in the Southern Philippines: An Architecture of Uncertainty? / Engelbrecht, Georgi -- PART IV. International Environment -- 9. The Philippines and the South China Sea/ West Philippine Sea Conflict: Challenges and Prospects for Peace, Diplomacy, and External Defence Capability / Morada, Noel M. -- 10. Fall from Grace, Descent from Power? Civil Society after Philippine Democracy's Lost Decade / Arugay, Aries A. -- INDEX