Judicial Review in New Democracies: Constitutional Courts in Asian Cases / Edition 1

Judicial Review in New Democracies: Constitutional Courts in Asian Cases / Edition 1

by Tom Ginsburg
ISBN-10:
0521520398
ISBN-13:
9780521520393
Pub. Date:
07/23/2003
Publisher:
Cambridge University Press
ISBN-10:
0521520398
ISBN-13:
9780521520393
Pub. Date:
07/23/2003
Publisher:
Cambridge University Press
Judicial Review in New Democracies: Constitutional Courts in Asian Cases / Edition 1

Judicial Review in New Democracies: Constitutional Courts in Asian Cases / Edition 1

by Tom Ginsburg

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Overview

Where does judicial power come from, how does it develop, and what political conditions support its expansion? This book answers these important questions through an examination of three constitutional courts in East Asia, where law is traditionally viewed as a tool of authoritarian rulers. New democracies around the world have adopted constitutional courts to oversee the operation of democratic politics. Thomas Ginsburg argues that, while judicial review does put constraints on government, it is sought as a solution to the problem of uncertainty in constitutional design. By providing "insurance" to prospective electoral losers, judicial review facilitates democracy.

Product Details

ISBN-13: 9780521520393
Publisher: Cambridge University Press
Publication date: 07/23/2003
Edition description: New Edition
Pages: 312
Product dimensions: 5.98(w) x 8.98(h) x 0.91(d)

Table of Contents

Acknowledgements; Notes on usage; Introduction: the decline and fall of parliamentary sovereignty; 1. Why judicial review?; 2. Constituting judicial power; 3. Building judicial power; 4. Courts in new democracies; 5. Confucian constitutionalism? The grand justices of the Republic of China; 6. Distorting democracy? The constitutional court of Mongolia; 7. Rule by law or rule of law? The constitutional court of Korea; 8. Conclusion: comparing constitutional courts; Bibliography; Index.
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