Legal Transplant Chronicles: The Evolution of Unreasonableness and Proportionality Review of the Administration in the United Kingdom

Cohn, Margit

doi:10.5131/ajcl.2009.0048

Cited by 41 publications

(9 citation statements)

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“…The findings also have theoretical implications. The theory of legal transplants needs to develop a theoretical framework to conceptualize the process of transplanting the monitoring board because the process only partly fits into the theory of legal transplants which Cohn (2010) outlined. It partly fits, first, because the process of the legal transplants is not a single event but a continuous process of events, and, second, because the transplanted rules are formally similar with but functionally different from the original rules.…”

Section: Discussionmentioning

confidence: 99%

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The evolution of the monitoring board in Japan: how the board performs monitoring function in Japanese corporate governance

Miyamoto

2019

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Purpose The purpose of this paper is to trace a legal evolution of the monitoring board and to reveal what brought the evolution and what is expected to emerge. The paper points to unique complementarities in Japanese corporate governance institutions and norms which will affect how the monitoring board performs its functions. Design/Methodology/Approach Analysis is based on texts on corporate governance legislations in Japan from the revision of Commercial Code in 1950 to the revision of Companies Act in 2014. Other sources include Tokyo Stock Exchange regulations, White Paper on Corporate Governance and other academic literatures on Japanese corporate governance. Findings Changes of non-legal institutions and norms in Japanese corporate governance necessitated legal reforms toward the monitoring board. Persisting institutions and norms, in particular lifetime employment, influences how the monitoring board performs its functions in Japan. Originality/Value This paper explains how the evolution of the monitoring board in Japan emerged and what will cause different expected functions of the monitoring board in Japan and other jurisdictions.

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Section: Discussionmentioning

confidence: 99%

“…The theory of "legal transplants" predicts that transplanted legal rules often do not work as in origin countries. They may retain a formal similarity with the original rules but be different in substance (Cohn, 2010;Siems, 2014). Therefore, the focus should be on functional analysis.…”

Section: Introductionmentioning

confidence: 99%

The evolution of the monitoring board in Japan: how the board performs monitoring function in Japanese corporate governance

Miyamoto

2019

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“…To make this argument, we first review the history of legal transplant as an idea, briefly examine its relevance in the law and development field, and 1 Cohn (2010); Deschamps (2012); Chen-Wishart (2013). 2 There is a growing literature on China's engagement with international economic law and legal development abroad.…”

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confidence: 99%

Law and Development Minus Legal Transplants: The Example of China in Vietnam

Erie

2021

AsianJLS

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Legal transplants are broadly recognized as one of the main mechanisms by which donor states influence the legal development of recipient states. The experience of China, however, challenges convention. While, in recent years, China has been one of the largest capital-exporting countries in the world and has mobilized law to protect its investment in high-risk recipient states, legal transplants have, to date, not played a major role in China’s approach to law and development. This article examines this puzzle through the case of China’s participation in formulating Vietnam’s 2018 SEZ Bill. In doing so, this article sets forth a number of hypotheses as to why Chinese law has thus far not assumed the form of legal transplant. The example of the SEZ Bill demonstrates how Chinese legal transplants depend as much on the “pull” of recipient states as they do on the “push” of the donor. The case-study of the SEZ Bill raises important questions not only for Chinese law and development, but also, more generally, for the viability of “second-order” legal transplants: those from an Asian donor to an Asian recipient.

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“…For summaries of the "Watson v. Legrand" debate, see Cohn (2010) and Cairns (2013). For scholarship focusing specifically on constitutional law, see Choudhry (2006) and Hirschl (2014).…”

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confidence: 99%

Constitutional Migration and the Meaning of Religious Freedom: From Ireland and India to the Islamic Republic of Pakistan

Nelson

2019

J of Asian Stud

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Building on current research regarding constitutional migration, this article shows how constitutional provisions protecting religious freedom (“subject to public order”) arrived in the Islamic Republic of Pakistan, not via colonial British or traditional Islamic sources—both explicitly rejected—but via deliberate constitutional borrowing from “anti-colonial” precursors in Ireland and, especially, India. Drawing on Ernesto Laclau's notion of “empty signifiers,” the article highlights the shifting political circumstances that transformed the meaning of Pakistan's borrowed constitutional provisions. Even as core texts guaranteeing an individual's right to peaceful religious practice were imported, political, legal, and conceptual modulations ensured that specific forms of peaceful religious practice were refashioned as a source of religious provocation and, therein, public disorder. Far from protecting religious freedom, this repurposing of imported constitutional clauses tied to “the politics of public order” underpinned the formal legal restriction of an otherwise explicit right.

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Legal Transplant Chronicles: The Evolution of Unreasonableness and Proportionality Review of the Administration in the United Kingdom

Cited by 41 publications

References 0 publications

The evolution of the monitoring board in Japan: how the board performs monitoring function in Japanese corporate governance

The evolution of the monitoring board in Japan: how the board performs monitoring function in Japanese corporate governance

Law and Development Minus Legal Transplants: The Example of China in Vietnam

Constitutional Migration and the Meaning of Religious Freedom: From Ireland and India to the Islamic Republic of Pakistan

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