Asian Socialism and Legal Change

Law and socialism; Socialism; Law reform; China; Vietna

Does the system of appointing Australian High Court judges need reform?

This paper sets out ways in which the work of the High Court is political and argues that the method by which appointments to it are made needs to be re-examined to reflect this understanding of the Court. To this end the issues of selection criteria and the process of appointment are considered, noting how each is relevant to the need for public confidence in the High Court. In Australia the question of criteria has traditionally been dealt with by assuming that merit, which has remained undefined, is the sole consideration. The paper recommends that criteria for appointment be developed to include both professional and personal skills and suggests what these should be. The paper also proposes that Australia introduce a Consultative Commission to assist the appointment process. The need for public confidence in the work of the High Court is addressed by suggesting that appointments to it fairly represent society. These changes are the result of the modem conception of the High Court as a dynamic law-making institution

Asian Socialism and Legal Change : The dynamics of Vietnamese and Chinese Reform

Law and socialism; Socialism; Law reform; China; Vietna

Asian Socialism and Legal Change

Law and socialism; Socialism; Law reform; China; Vietna

Inflationary Trends in Law and Development

This Article analyzes two seemingly contradictory trends in the study and practice of law and development. First, it looks at the ever-rising level of expectations and ambitions about what law can do for development. Second, it looks at the increasingly vocal criticism and frustration, both from inside and outside the field, that law often fails to achieve the desired developmental effects. This Article argues that there is a relationship between increasing ambition and lack of impact. More particularly, it suggests that increasing ambition produces limited impacts but that lack of impact, ironically, leads to recommendations to increase ambition. This Article concludes that this linked evolution originates first from forces outside of the law and development domain, such as increasing pressures on aid efficacy, shifts in developmental paradigms, and increased geopolitical pressures to bring law into post-conflict states and peace- building efforts. The relationship between ambition and lack of impact is also internal to the field, however. Scholars and practitioners operate cyclically, criticizing existing practices in order to launch new and often bolder developments. This Article calls for a break from these cycles, a return to basic interventions that seek to make incremental improvements in the functioning of law in the context of development, and a shift from lofty overarching paradigms that obscure and disappoint, rather than aid, development