0521817153.Cambridge.University.Press.Judicial.Review.in.New.Democracies.Constitutional.Courts.in.Asian.Cases.Aug.2003.pdf

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Judicial Review in New Democracies
Constitutional Courts in Asian Cases
In recent decades, new democracies around the world have adopted con-
stitutional courts to oversee the operation of democratic politics. Where
does judicial e 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
aregion where law has traditionally been viewed as a tool of authori-
tarian rulers, constitutional courts in these three societies are ing
areal constraint on government. In contrast with conventional cultur-
alist accounts, this book argues that the design and function of consti-
tutional review are largely a function of politics and interests. Judicial
review – the power of judges to rule an act of a legislature or executive
unconstitutional – is a solution to the problem of uncertainty in con-
stitutional design. By providing “insurance” to prospective electoral
losers, judicial review can facilitate democracy.
Professor Tom Ginsburg is Assistant Professor of Law and Political
Science and Director of the Program on Asian Law, Politics, and Society
at the University of Illinois. He holds ., ., and . degrees from
the University of California, Berkeley. He has worked extensively in
Asia on legal reform and democracy programs, spent a year lecturing at
Kyushu University, Japan, and worked at the Iran-. Claims Tribunal
in The Hague. He has authored numerous articles parative law
and international arbitration.
Judicial Review in New Democracies
Constitutional Courts in Asian Cases
TOM GINSBURG
University of Illinois

Cambridge, New York, Melbourne, Madrid, Cape Town, Singapore, São Paulo
Cambridge University Press
The Edinburgh Building, Cambridge , United Kingdom
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