Judicial Review in New Democracies
Constitutional Courts in Asian Cases

This book examines three countries in Asia to determine why new democracies adopt judicial review.

Tom Ginsburg (Author)

9780521520393, Cambridge University Press

Paperback, published 23 July 2003

312 pages, 15 b/w illus. 13 tables
22.8 x 15.2 x 2.3 cm, 0.426 kg

"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

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.

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.

Subject Areas: Constitutional & administrative law [LND], International law [LB], Comparative law [LAM], Political structures: democracy [JPHV]