Judicial Review in New Democracies
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Book Overview
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.
Format:Paperback
Language:English
ISBN:0521520398
ISBN13:9780521520393
Release Date:January 2008
Publisher:Cambridge University Press
Length:312 Pages
Weight:1.03 lbs.
Dimensions:0.7" x 6.0" x 9.0"
Customer Reviews
1 customer rating | 1 review
Rated 5 starsJudicial review as political insurance
By Thriftbooks.com User,
Since the fall of communism in the late 80s and early 90s, new democracies have embraced constitutional courts exercising judicial review. Given the vicious attacks upon courts in the US, one often wonders why anyone would adopt constitutional courts with the power to attack the result of the democratic process, and push its own policy. Ginsburg presents a compelling answer: new democracies turn to constitutional courts as...
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