Judicial Review in New Democracies: Constitutional Courts in Asian Cases

ISBN-13: 9780521520393 / Angielski / Miękka / 2003 / 312 str.

Thomas Ginsburg; Tom Ginsburg

Opis

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.

Recenzje

"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

Spis treści

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.