judicial review in new democracies constitutional courts in asian cases

Download Book Judicial Review In New Democracies Constitutional Courts In Asian Cases in PDF format. You can Read Online Judicial Review In New Democracies Constitutional Courts In Asian Cases here in PDF, EPUB, Mobi or Docx formats.

Judicial Review In New Democracies

Author : Tom Ginsburg
ISBN : 0521520398
Genre : Law
File Size : 88. 29 MB
Format : PDF, ePub, Mobi
Download : 821
Read : 577

Get This Book


This book examines three countries in Asia to determine why new democracies adopt judicial review.

Constitutional Courts In Asia

Author : Albert H. Y. Chen
ISBN : 9781107195080
Genre : Law
File Size : 47. 24 MB
Format : PDF
Download : 411
Read : 975

Get This Book


A comparative, systematic and critical analysis of constitutional courts and constitutional review in Asia.

Towards Juristocracy

Author : Ran Hirschl
ISBN : 0674038673
Genre : Law
File Size : 45. 4 MB
Format : PDF, ePub, Mobi
Download : 386
Read : 1236

Get This Book


In countries and supranational entities around the globe, constitutional reform has transferred an unprecedented amount of power from representative institutions to judiciaries. The constitutionalization of rights and the establishment of judicial review are widely believed to have benevolent and progressive origins, and significant redistributive, power-diffusing consequences. Ran Hirschl challenges this conventional wisdom. Drawing upon a comprehensive comparative inquiry into the political origins and legal consequences of the recent constitutional revolutions in Canada, Israel, New Zealand, and South Africa, Hirschl shows that the trend toward constitutionalization is hardly driven by politicians' genuine commitment to democracy, social justice, or universal rights. Rather, it is best understood as the product of a strategic interplay among hegemonic yet threatened political elites, influential economic stakeholders, and judicial leaders. This self-interested coalition of legal innovators determines the timing, extent, and nature of constitutional reforms. Hirschl demonstrates that whereas judicial empowerment through constitutionalization has a limited impact on advancing progressive notions of distributive justice, it has a transformative effect on political discourse. The global trend toward juristocracy, Hirschl argues, is part of a broader process whereby political and economic elites, while they profess support for democracy and sustained development, attempt to insulate policymaking from the vicissitudes of democratic politics.

Fragile Democracies

Author : Samuel Issacharoff
ISBN : 9781107038707
Genre : Law
File Size : 69. 32 MB
Format : PDF, ePub, Mobi
Download : 595
Read : 521

Get This Book


This book examines how constitutional courts can support weak democratic states in the wake of societal division and authoritarian regimes.

Courts And Democracies In Asia

Author : Po Jen Yap
ISBN : 9781107192621
Genre : Law
File Size : 60. 35 MB
Format : PDF
Download : 161
Read : 426

Get This Book


This book illuminates how law and politics interact in the judicial doctrines and explores how democracy sustains and is sustained by the exercise of judicial power.

Governing With Judges

Author : Alec Stone Sweet
ISBN : 9780198297307
Genre : Law
File Size : 67. 42 MB
Format : PDF, ePub
Download : 503
Read : 1246

Get This Book


Constitutional Politics in Europe: Governing with Judges elaborates a theory of constitutional politics, the process through which the discursive practices and techniques of constitutional adjudication come to structure the work of governments, parliaments, judges, and administrators. Focusingon the cases of France, Germany, Italy, Spain, and the European Union, the book examines the sources and consequences of the pan-European movement to confer constitutional review authority on a new governmental institution, the constitutional court. Detailed case studies illustrate how and to whatextent legislative processes have been placed under the influence of constitutional judges. In a growing number of policy domains, these judges function as powerful, adjunct legislators. As constitutional courts have consolidated their position as authoritative interpreters of the constitutionallaw, and especially of human rights provisions, the work of the judiciary, too, has gradually been constitutionalised. Today, ordinary judges seek to detect violations of the constitution in their application of the various codes, and to rewrite statutes that they deem unconstitutional.Constitutional politics have not only provoked the demise of traditional notions of parliamentary sovereignty, they have organized profound transformations in the very nature of European governance. Stone Sweet argues that constitutional adjudication constructs complex causal linkages between rule systems and normativity, on the one hand, and the strategic behaviour of individuals, on the other. The theory constitutes a novel synthesis of normative and rational approaches to politics. Thebook also addresses central questions raised by a wide range of ongoing theory projects, including the 'new institutionalism,'rational choice, principal-agent theories of delegation, and the new constitutionalism in Continental legal theory.

Law And Politics Of Constitutional Courts

Author : Stefanus Hendrianto
ISBN : 9781351584913
Genre : Law
File Size : 45. 76 MB
Format : PDF, Docs
Download : 269
Read : 540

Get This Book


This book critically evaluates different models of judicial leadership in Indonesia to examine the impact that individual chief justices can have on the development of constitutional courts. It explores the importance of this leadership as a factor explaining the dynamic of judicial power. Drawing on an Aristotelean model of heroism and the established idea of judicial heroes to explore the types of leadership that judges can exercise, it illustrates how Indonesia’s recent experience offers a stark contrast between the different models. First, a prudential-minimalist heroic chief justice who knows how to enhance the Court’s authority while fortifying the Court’s status by playing a minimalist role in policy areas. Second, a bold and aggressive heroic chief justice, employing an ambitious constitutional interpretation. The third model is a soldier-type chief justice, who portrays himself as a subordinate of the Executive and Legislature. Contrary perhaps to expectations, the book’s findings show a more cautious initial approach to be the most effective. The experience of Indonesia clearly illustrates the importance of heroic judicial leadership and how the approach chosen by a court can have serious consequences for its success. This book will be a valuable resource for those interested in the law and politics of Indonesia, comparative constitutional law, and comparative judicial politics.

Assessing Constitutional Performance

Author : Tom Ginsburg
ISBN : 9781316712573
Genre : Law
File Size : 48. 49 MB
Format : PDF, ePub
Download : 172
Read : 451

Get This Book


From London to Libya, from Istanbul to Iceland, there is great interest among comparative constitutional scholars and practitioners about when a proposed constitution is likely to succeed. But what does it mean for a constitution to succeed? Are there universal criteria of success, and which apply across the board? Or, is the choice of criteria entirely idiosyncratic? This edited volume takes on the idea of constitutional success and shows the manifold ways in which it can be understood. It collects essays from philosophers, political scientists, empiricists and legal scholars, that approach the definition of constitutional success from many different angles. It also brings together case studies from Africa, Europe, Latin America, the Middle East and Asia. By exploring a varied array of constitutional histories, this book shows how complex ideas of constitutional success play out differently in different contexts and provides examples of how success can be differently defined under different circumstances.

The Politico Legal Dynamics Of Judicial Review

Author : Theunis Roux
ISBN : 9781108425421
Genre : Law
File Size : 59. 40 MB
Format : PDF, Docs
Download : 821
Read : 734

Get This Book


Provides a comparative analysis of the ideational dimension of judicial review and its potential contribution to democratic governance.

Democracy Electoral Systems And Judicial Empowerment In Developing Countries

Author : Vineeta Yadav
ISBN : 9780472119080
Genre : Law
File Size : 83. 14 MB
Format : PDF
Download : 441
Read : 1122

Get This Book


An independent judiciary is considered an indication of a developing nation’s level of democracy

Top Download:

Best Books