JUDICIAL REVIEW IN NEW DEMOCRACIES by Tom Ginsburg ( 9780511511189 )

Item Details

Title:

JUDICIAL REVIEW IN NEW DEMOCRACIES
CONSTITUTIONAL COURTS IN ASIAN CASES

By:

Format:

Electronic book text

List price:	£85.00
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ISBN 10:

0511511183

ISBN 13:

9780511511189

Publisher:

CAMBRIDGE UNIVERSITY PRESS

Pub. date:

21 July, 2009

Description:

This book examines three countries in Asia to determine why new democracies adopt judicial review.

Synopsis:

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.

Illustrations:

15 b/w illus. 13 tables

Publication:

Imprint:

Cambridge University Press (Virtual Publishing)

Returns:

Non-returnable

Some other items by this author:

ADMINISTRATIVE LAW AND GOVERNANCE IN ASIA