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Judicial review in new democracies : constitutional courts in Asian cases /
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...
| Clasificación: | Libro Electrónico |
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| Autor principal: | |
| Formato: | Electrónico eBook |
| Idioma: | Inglés |
| Publicado: |
Cambridge, UK ; New York :
Cambridge University Press,
2003.
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| Temas: | |
| Acceso en línea: | Texto completo |
| Sumario: | 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. |
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| Descripción Física: | 1 online resource (xi, 295 pages) |
| Bibliografía: | Includes bibliographical references (pages 265-280) and index. |
| ISBN: | 0511061137 9780511061134 0511179871 9780511179877 9780511511189 0511511183 1280434325 9781280434327 0511306792 9780511306792 0511069596 9780511069598 |