Judicial Review in New Democracies by Tom Ginsburg
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."Ginsburg provides compelling empirical support in his three East Asian cases that judicial power increases when political power is diffuse. Because he is interested in highlihgting the conditions under which courts can constrain other political actors, compliance is an important indicator of judicial independence." - Shannon Roesler, Law and Social Inquiry
Tom Ginsburg is a Research Professor at the American Bar Foundation and the Leo Spitz Professor of International Law at the University of Chicago. He is also a Ludwig and Hilda Wolf Research Scholar and Professor of Political Science at the University of Chicago. He is currently co-director of the Comparative Constitutions Project, a NSF-funded data set that catalogs world constitutions since 1789. His recent co-authored book, The Endurance of National Constitutions (2009), got the best book prize from the American Political Science Association's Comparative Democratization Section. Judicial Review in New Democracies (2003), Administrative Law and Governance in Asia (2008), Rule By Law: Court Politics in Authoritarian Regimes (with Tamir Moustafa, 2008), and Comparative Constitutional Law (with Rosalind Dixon, 2011) are among his other works. He worked as a legal counselor at the Iran-US Claims Tribunal in The Hague, Netherlands, before joining law teaching, and he has advised a number of international development agencies and nations on legal and constitutional change.
| SKU | Unavailable |
| ISBN 13 | 9780521520393 |
| ISBN 10 | 0521520398 |
| Title | Judicial Review in New Democracies |
| Author | Tom Ginsburg |
| Condition | Unavailable |
| Binding Type | Paperback |
| Publisher | Cambridge University Press |
| Year published | 2003-07-23 |
| Number of pages | 312 |
| Cover note | Book picture is for illustrative purposes only, actual binding, cover or edition may vary. |
| Note | Unavailable |