Judicial Review in New Democracies
Constitutional Courts in Asian Cases
By (author) Tom Ginsburg
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Judicial Review in New Democracies by Tom Ginsburg
Book DescriptionNew 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.
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Book DetailsISBN: 9780521817158
(228mm x 152mm x 21mm)
Imprint: Cambridge University Press
Publisher: Cambridge University Press
Publish Date: 18-Aug-2003
Country of Publication: United Kingdom
Books By Author Tom Ginsburg
Assessing Constitutional Performance, Hardback (August 2016)
This volume challenges the concept of constitutional success, a bedrock assumption of comparative constitutional scholarship.
Comparative Constitutional Design, Paperback (March 2014)
Assesses what we know - and do not know - about comparative constitutional design and particular institutional choices concerning executive power and other issues.
Law and Development of Middle-Income Countries, Paperback (February 2014)» View all books by Tom Ginsburg
This interdisciplinary volume addresses the special challenges that middle-income countries confront from both a theoretical and a practical perspective.
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