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...

Ausführliche Beschreibung

Bibliographische Detailangaben

1. Verfasser:	Ginsburg, Tom (VerfasserIn)
Format:	Elektronisch E-Book
Sprache:	English
Veröffentlicht:	Cambridge Cambridge University Press 2003
Schlagworte:	Demokratisierung Constitutional courts / East Asia Judicial review / East Asia Judicial power / East Asia Democratization / East Asia Verfassungsgerichtsbarkeit Ostasien Südostasien
Online-Zugang:	BSB01 UBG01 Volltext
Zusammenfassung:	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
Beschreibung:	Title from publisher's bibliographic system (viewed on 05 Oct 2015)
Beschreibung:	1 online resource (xi, 295 pages)
ISBN:	9780511511189
DOI:	10.1017/CBO9780511511189