51 research outputs found
Codification and research for mass timber buildings in selected seismic regions: An overview
No full textSince the late 2000's, many countries around the world have experienced rising interest in mass timber construction in commercial and mixed-use building applications. Globally, wood design and research communities have invested heavily in research and development (R&D) to make mass timber viable for large scale, multi-story buildings, targeting commercial markets. Due to the difference in historical design/fabrication practices, local regulatory rules, and cultural differences, the status of mass timber codification and research development are not uniform throughout the world. In this paper, an overview of recent trends in manufacture, codification, and research on mass timber systems is provided. Specifically, this overview was divided into five distinct topics, namely mass timber material standards, mandatory building/design requirements, non-mandatory design guidelines, different approaches to lateral design, and notable mass timber research efforts in the recent decades. Due to the limitation of the authors' experience, only selected regions around the world are covered in this review
State-centric proportionality analysis in Chinese administrative litigation
No full textThis article examines the application of proportionality in Chinese administrative litigation over the last two decades and argues that courts in administrative litigation that serve the party-state and tend to uphold state/collective interest have altered proportionality to be state-centric. It finds that the courts invoked proportionality in a negligible portion of all administrative litigation judgments and had inadequate emphases on protecting individual rights. Proportionality has not appreciably assisted the courts in enhancing their oversight of governmental power and protection of individual rights. This article suggests that this is attributable to the restricted function of administrative litigation in China’s party-state governance structure and owing to the country’s long-held belief that public interest takes precedence over individual rights. Administrative litigation, which China’s ruling party employs to resolve principal–agent issues, is seriously constrained. The courts are expected to review the formal legality of executive actions, but not their substance. Informed by the Chinese human rights belief, which favors collectivism over individualism, the courts are skewed toward public interest in the balancing analysis when applying proportionality
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Judicial Review in Greater China:Activism and Deference of Four Apex Courts
No full textThis book examines the judicial review systems in the four areas of Greater China – China, Taiwan, Hong Kong, and Macau – and uncovers judicial review activities of the apex courts of each region. It provides a comparative assessment of judicial activism and deference. The development of modern judicial review is one of the key elements of the twentieth century’s legal heritage. By enforcing the principles of constitutionalism, the rule of law, and human rights protection, many courts have been vested with unprecedented powers and have played an essential role in supervising the exercise of government power through constitutional and administrative review. This work investigates the most up-to-date aspects of judicial review in Greater China and reflects on the modern theory regarding the judicialization of politics in different political regimes: democratic, authoritarian, and hybrid. The volume collects all substantive judicial review decisions delivered in the past twenty years by the four apex courts: the China’s Supreme People’s Court, the Taiwan Constitutional Court, the Court of Final Appeal of Hong Kong, and the Court of Final Appeal of Macau. This comprehensive dataset includes some 800 judicial review decisions, presenting a comprehensive resource of fundamental baseline data for evaluating judicial review in Greater China. The book will be an invaluable companion for scholars and researchers working in the areas of Comparative Public Law, Comparative Constitutional Law, Constitutional Politics, and Asian Studies
Judicial Review and Standards of Review in the Macao:A Study Based on the TUI Decision
No full textThis chapter examines the judicial review mechanisms of the Macau special administrative regions and the judicial review practice of the Court of Final Appeal of Macau in the last two decades after the handover. In the era of colonial Macau, there were mechanisms of constitutional review. The courts could either appeal to the constitutional court in Lisbon or reject to apply the laws they consider unconstitutional and invalid. The Fundamental Law on Judicial Organisation, a new law on the judicial organisation of the Macau SAR, came into force on that day China resumed its sovereignty over Macau. Due to the influence of the Portuguese centralised model of administrative review, Macau established a specific administrative tribunal, the Administrative Tribunal, which is specialised in litigation in relation to administrative, tax and customs duties matters. The Administrative Tribunal enjoys common and residual jurisdiction at first instance over administrative disputes
Reasonableness: A Better Approach to Positive and Horizontal Fundamental Rights Disputes
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Proportionality, Unreasonableness and a Unified Model::Reframing the Spectrum of Intensity of Judicial Review
No full textOne of the most contested issues in common law public law is the relationship between proportionality and unreasonableness in judicial review. Neither the bifurcated model that draws a rigid line between the two standards nor the parallel mode that recognises both as general standards of review seems to be satisfactory, as courts always swing between these two standards resulting in legal uncertainty. This article attempts to suggest a unified model that is based on the jurisprudence of the Court of Final Appeal. First, it argues that as proportionality and unreasonableness have overlapping elements, proportionality can replace unreasonableness and serve as a single standard of review by organising these elements within a more structured framework, which ultimately increases legal certainty. Second, this article highlights the similarities between Wednesbury unreasonableness and “manifestly without reasonable foundation”, which is a deferential standard for assessing proportionality. The similarities create an opportunity for Wednesbury unreasonableness being merged into unified proportionality and being part of the spectrum of intensity of proportionality review
Reasonableness: A Better Approach to Positive and Horizontal Fundamental Rights Disputes
No full textReasonableness: A Better Approach to Positive and Horizontal Fundamental Rights Disputes
No full textProportionality, Unreasonableness and a Unified Model::Reframing the Spectrum of Intensity of Judicial Review
No full textOne of the most contested issues in common law public law is the relationship between proportionality and unreasonableness in judicial review. Neither the bifurcated model that draws a rigid line between the two standards nor the parallel mode that recognises both as general standards of review seems to be satisfactory, as courts always swing between these two standards resulting in legal uncertainty. This article attempts to suggest a unified model that is based on the jurisprudence of the Court of Final Appeal. First, it argues that as proportionality and unreasonableness have overlapping elements, proportionality can replace unreasonableness and serve as a single standard of review by organising these elements within a more structured framework, which ultimately increases legal certainty. Second, this article highlights the similarities between Wednesbury unreasonableness and “manifestly without reasonable foundation”, which is a deferential standard for assessing proportionality. The similarities create an opportunity for Wednesbury unreasonableness being merged into unified proportionality and being part of the spectrum of intensity of proportionality review
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