Judicial Review in New Democracies Constitutional Courts in Asian Cases

ISBN-10: 0521520398
ISBN-13: 9780521520393
Edition: 2003
Authors: Tom Ginsburg
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Description: New democracies around the world have adopted constitutional courts to oversee the operation of democratic politics. Where does judicial power come from, how does it develop in the early stages of democratic liberalization, and what political  More...

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Book details

List price: $45.99
Copyright year: 2003
Publisher: Cambridge University Press
Publication date: 7/23/2003
Binding: Paperback
Pages: 312
Size: 6.25" wide x 8.75" long x 1.00" tall
Weight: 1.210
Language: English

New democracies around the world have adopted constitutional courts to oversee the operation of democratic politics. Where does judicial power come from, how does it develop in the early stages of democratic liberalization, and what political conditions support its expansion? This book answers these questions through an examination of three constitutional courts in Asia: Taiwan, Korea, and Mongolia. In a region that has traditionally viewed law as a tool of authoritarian rulers, constitutional courts in these three societies are becoming a real constraint on government. In contrast with conventional culturalist accounts, this book argues that the design and functioning of constitutional review are largely a function of politics and interests. Judicial review - the power of judges to rule an act of a legislature or national leader unconstitutional - is a solution to the problem of uncertainty in constitutional design. By providing insurance to prospective electoral losers, judicial review can facilitate democracy.

Acknowledgements
Notes on usage
Introduction: the decline and fall of parliamentary sovereignty
Why judicial review?
Constituting judicial power
Building judicial power
Courts in new democracies
Confucian constitutionalism? The grand justices of the Republic of China
Distorting democracy? The constitutional court of Mongolia
Rule by law or rule of law? The constitutional court of Korea
Conclusion: comparing constitutional courts
Bibliography
Index

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