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Proportionality review of administrative action in Japan, Korea, Taiwan, and China

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  • Proportionality review of administrative action in Japan, Korea, Taiwan, and China
  • McGee, Robert W.
  • Washington University


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Title Proportionality review of administrative action in Japan, Korea, Taiwan, and China
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Material Type Articles
Author(English)

McGee, Robert W.

Publisher

[St. Louis, U.S.]:Washington University

Date 2014-10
Series Title; No Washington university in St. Louis legal studies research paper / 14-08-07
Pages 41
Subject Country China(Asia and Pacific)
Japan(Asia and Pacific)
South Korea(Asia and Pacific)
Taiwan(Asia and Pacific)
Language English
File Type Link
Subject Government and Law < Public Administration
Government and Law < Laws and Legislation
Holding SSRN

Abstract

Much of East Asia has moved in recent decades toward more extensive substantive review of administrative action, and the doctrinal vehicle for this movement has typically been the adoption of some form of proportionality analysis. This contribution to an edited volume describes and offers explanations for the trajectory of proportionality review in Japan, South Korea, Taiwan, and China. Substantive judicial review of administrative action is far from uniform across these four countries. Whereas the Japanese judiciary remains reluctant to embrace proportionality review openly, courts in Korea and Taiwan have developed increasingly elaborate versions of proportionality analysis, and there are signs that the principle of proportionality is gaining traction in Chinese administrative law. More surprisingly, however, our account also highlights the existence of significant differences within countries that rival in magnitude the differences between countries. (The rest omitted)