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Judicial review in new democracies: constitutional courts in Asian cases

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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. 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, and what political conditions support its expansion? This book answers these questions through an examination of three constitutional courts in East Asia, where law is traditionally viewed as a tool of authoritarian rulers. 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.

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Availability

KP.IIi.00031

KP.III IND j

My Library

Available

Detail Information

Series Title

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Call Number

KP.III GIN j

Publisher

Cambridge : Cambridge University Press., 2003

Collation

xi, 295p. ; 27cm.

Language

English

ISBN/ISSN

0521817153

Classification

KP.III

Content Type

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Media Type

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Carrier Type

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Edition

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Subject(s)

Demokrasi
Judicial review
asian cases
democratic

Specific Detail Info

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Statement of Responsibility

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