Judicial review in new democracies : constitutional courts in Asian cases

Resource Information

The work Judicial review in new democracies : constitutional courts in Asian cases represents a distinct intellectual or artistic creation found in European University Institute. This resource is a combination of several types including: Work, Language Material, Books.

Label

Judicial review in new democracies : constitutional courts in Asian cases

Title remainder

constitutional courts in Asian cases

Statement of responsibility

Tom Ginsburg

Creator

• Ginsburg, Tom

Subject

• Constitutional courts -- East Asia
• Democratization -- East Asia
• Judicial power -- East Asia
• Judicial review -- East Asia

Language

eng

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.--

Assigning source

Provided by publisher

Cataloging source

UkCbUP

Index

index present

Literary form

non fiction

Nature of contents

dictionaries

Series statement

Cambridge Social Sciences eBooks