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Judicial Review in New Democracies Tom Ginsburg (University of Illinois, Urbana-Champaign)

Judicial Review in New Democracies By Tom Ginsburg (University of Illinois, Urbana-Champaign)

Judicial Review in New Democracies by Tom Ginsburg (University of Illinois, Urbana-Champaign)


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Summary

This book examines three countries in Asia, where law is traditionally viewed as a tool of authoritarian rulers, to determine why new democracies adopt constitutional courts that constrain governments. Ginsburg argues that judicial review is a solution to the problem of uncertainty in constitutional design.

Judicial Review in New Democracies Summary

Judicial Review in New Democracies: Constitutional Courts in Asian Cases by Tom Ginsburg (University of Illinois, Urbana-Champaign)

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.

Judicial Review in New Democracies Reviews

"Every serious scholar and student of constitutional politics and institutional design should read this book." The Law and Politics Book Review
"Ginsburg provides compelling empirical support in his three East Asian cases that judicial power increases when political power is diffuse. Because he is interested in highlihgting the conditions under which courts can constrain other political actors, compliance is an important indicator of judicial independence." - Shannon Roesler, Law and Social Inquiry

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.

Additional information

NPB9780521817158
9780521817158
0521817153
Judicial Review in New Democracies: Constitutional Courts in Asian Cases by Tom Ginsburg (University of Illinois, Urbana-Champaign)
New
Hardback
Cambridge University Press
2003-08-18
310
N/A
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