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More copies of this ISBN:This title in other formats:Judicial Review in New Democraciesby Tom Ginsburg
Synopses & ReviewsPublisher Comments: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. Review:"Every serious scholar and student of constitutional politics and institutional design should read this book." The Law and Politics Book Review Synopsis:This book examines three countries in Asia to determine why new democracies adopt judicial review. Table of ContentsAcknowledgements; 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.
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