Judicial Review in New Democracies: Constitutional Courts in Asian Cases Book

ln recent decades, 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 where law has traditionally been viewed 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 A and function of constitutional review are largely a function of politics and interests. Judicial review - the power of judges to rule an act of a legislator executive unconstitutional - is a solution to the problem of uncertainty in constitutional design. By providing "insurance" to prospective electoral losers, judicial review can facilitate democracy.Read More