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Author Ginsburg, Tom.
Title Judicial review in new democracies : constitutional courts in Asian cases / Tom Ginsburg.
Imprint Cambridge, UK ; New York : Cambridge University Press, 2003.

Subject Constitutional courts -- East Asia.
Judicial review -- East Asia.
Judicial power -- East Asia.
Democratization -- East Asia.
Description 1 online resource (xi, 295 pages)
Bibliography Note Includes bibliographical references (pages 265-280) and index.
Contents Introduction: the decline and fall of parliamentary sovereignty -- Why judicial review? -- Constituting judicial power -- Building judicial power -- Courts in new democracies -- Confucian constitutionalism? The grand justices of the Republic of China -- Distorting democracy? The constitutional court of Mongolia -- Rule by law or rule of law? The constitutional court of Korea -- Conclusion: comparing constitutional courts.
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.
Note Print version record.
ISBN 0511061137 (electronic bk.)
9780511061134 (electronic bk.)
0511179871 (electronic bk.)
9780511179877 (electronic bk.)
9780511511189 (electronic bk.)
0511511183 (electronic bk.)
0521817153 (Cloth)
0521520398 (pbk.)
OCLC # 57229456
Additional Format Print version: Ginsburg, Tom. Judicial review in new democracies. Cambridge, UK ; New York : Cambridge University Press, 2003 0521817153 0521520398 (DLC) 2002041004 (OCoLC)50920661