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Judicial Review in New Democracies
by Tom Ginsburg

Judicial Review in New Democracies Cover

Synopses & Reviews

Publisher 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 Contents

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.

Product Details

ISBN:
9780521520393
Author:
Ginsburg, Tom
Publisher:
Libri
Author:
Ginsburg, Tom
Author:
Ginsburg, Thomas
Location:
Cambridge
Subject:
Civil Procedure
Subject:
International
Subject:
Judicial power
Subject:
Judicial review
Subject:
Constitutional courts
Subject:
Democratization
Edition Description:
Includes bibliographical references and index.
Series Volume:
576
Publication Date:
June 2006
Binding:
Paperback
Grade Level:
Professional and scholarly
Language:
English
Illustrations:
15 line diagrams 13 tables
Pages:
312
Dimensions:
9.00x6.00x.70 in. 1.01 lbs.