Judicial Review in New Democracies: Constitutional Courts in Asian Cases
by Tom Ginsburg (Author) › Visit Amazon's Tom Ginsburg Page See search results for this author Tom Ginsburg (Author)
Publisher: Cambridge University Press (9 Oct. 2003)
Language: English
Hardcover: 310 pages
ISBN-10: 0521817153
ISBN-13: 9780521817158
Get this book Contact Email: girro@qq.com
Book Description
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.
未经允许不得转载：电子书百科大全 » Judicial Review in New Democracies: Constitutional Courts in Asian Cases
评论前必须登录！
登陆 注册