Judicial Review in New Democracies (Paperback)

Constitutional Courts in Asian Cases

By Thomas Ginsburg, Tom Ginsburg

Cambridge University Press, 9780521520393, 312pp.

Publication Date: September 10, 2003

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Description

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.