Judicial Review in New Democracies: Constitutional Courts in Asian Cases

Judicial Review in New Democracies: Constitutional Courts in Asian Cases
Автор
 
Год
 
Страниц
 
311
ISBN
 
ISBN10:0511069596;ISBN10:0521520398
Издатель
 
Cambridge University Press

Описание:

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.

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