Judicial review in new democracies : constitutional courts in Asian cases / Tom Ginsburg.
2003
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Title
Judicial review in new democracies : constitutional courts in Asian cases / Tom Ginsburg.
Imprint
Cambridge : Cambridge University Press, 2003.
Description
1 online resource (xi, 295 pages) : digital, PDF file(s)
Formatted Contents Note
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.
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.
Summary
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.
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Title from publisher's bibliographic system (viewed on 05 Oct 2015).
Location
WWW
Available in Other Form
Print version:
Linked Resources
Alternate Title
Cambridge Core.
Language
English
ISBN
9780511511189 ebook
9780521817158 (hardback)
9780521520393 (paperback)
9780521817158 (hardback)
9780521520393 (paperback)
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