Conclusion: Challenges and prospects for Asian courts

The recent rise of Asia, both economically and politically, has fundamentally shaped and re-shaped legal and political institutions in the region. The restructuring of courts and reconstruction of their functional dynamics are evident indications of this phenomenon. We cannot but become intrigued by what Martin Shapiro – given his leading institutional approach to courts – would say about these changing dynamics presented today by Asia’s courts against their countries’ respective distinctive political, economic, social and cultural contexts. Using an institutional approach, we have in this book included the contributions of scholars of fourteen selected jurisdictions across Asia, who provided updated, systematic and contextual analyses of recent developments and related issues in these fourteen judicial systems and related issues. Relying on these insightful analyses, we have conducted a comparative study of these jurisdictions regarding the structures of courts, quality of judges, citizens’ relationships with courts, and styles of judicial decisions. Attempting to understand these comparative dynamics in their corresponding contexts, we further elaborate on these dynamics against three conceptual dimensions: Tradition and transplantation, transition and construction, and globalization and competition. We have discussed all of these findings in detail in the introduction of this book and will briefly highlight some of the key points before we address the challenges and prospects that lie ahead.