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Judicial Review in New Democracies: Constitutional Courts in Asian Cases

Judicial Review in New Democracies: Constitutional Courts in Asian Cases

Paperback

General Law

ISBN10: 0521520398
ISBN13: 9780521520393
Publisher: Cambridge University Press
Published: Jul 23 2003
Pages: 312
Weight: 1.01
Height: 0.70 Width: 6.00 Depth: 9.00
Language: English
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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General Law