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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.
Constitutional courts --- Democratization --- Judicial power --- Judicial review --- Law --- General and Others
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This volume brings together essays by many of the leading scholars of comparative constitutional design from many perspectives to collectively assess what we know - and do not know - about the design process as well as particular institutional choices concerning executive power, constitutional amendment processes and many other issues. Bringing together positive and normative analysis, this volume provides state of the art in a field of growing theoretical and practical importance.
Constitutional law. --- Constitutional law --- Constitutional limitations --- Constitutionalism --- Constitutions --- Limitations, Constitutional --- Public law --- Administrative law --- Interpretation and construction --- Law. --- Acts, Legislative --- Enactments, Legislative --- Laws (Statutes) --- Legislative acts --- Legislative enactments --- Jurisprudence --- Legislation --- Sociology of law --- Comparative law --- Public law. Constitutional law --- Design. --- Law --- General and Others --- Chine --- Inde --- Italie --- Chili --- Etats-Unis --- Royaume-Uni --- Allemagne --- France
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Law in Korea has historically been viewed as merely a tool of authoritarian rule, but since the transition to democracy in 1987 it has served a more important and visible role as a force for social change. With contributions from leading US and Korean scholars, Legal Reform in Korea explores this response to domestic and international pressures, applying a socio-legal perspective to both legal practices and the legal institutions themselves, which have become a major political issue throughout the developing world. An invaluable resource for students of Asian law and Korean studies.
Law reform --- K9580 --- Korea: Law and jurisprudence -- general and history --- Law --- Acts, Legislative --- Enactments, Legislative --- Laws (Statutes) --- Legislative acts --- Legislative enactments --- Jurisprudence --- Legislation
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Democracies and authoritarian regimes have different approaches to international law, grounded in their different forms of government. As the balance of power between democracies and non-democracies shifts, it will have consequences for international legal order. Human rights may face severe challenges in years ahead, but citizens of democratic countries may still benefit from international legal cooperation in other areas. Ranging across several continents, this volume surveys the state of democracy-enhancing international law, and provides ideas for a way forward in the face of rising authoritarianism.
International law --- Democracy. --- Political aspects. --- Self-government --- Political science --- Equality --- Representative government and representation --- Republics --- Law of nations --- Nations, Law of --- Public international law --- Law
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"Recent years have seen a decline in the number of democracies in the world, even as international legal architecture supporting democracy has expanded. Taking an empirical approach, this volume shows that democracies have been the primary producers of international legal norms, but authoritarians are learning to use the international legal system to their advantage. Regional organizations have a mixed record in defending democracy, but are likely to play an important role in the future if democracy is to withstand the authoritarian wave. Liberalism, though battered, will survive as a force in international law for the foreseeable future"--
Democracy. --- International law --- Political aspects. --- Political philosophy. Social philosophy
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Courts --- Justice, Administration of --- Political questions and judicial power --- Judicial process --- Authoritarianism --- Tribunaux --- Justice --- Politique et pouvoir judiciaire --- Processus judiciaire --- Autoritarisme --- Political aspects. --- Political aspects --- Aspect politique --- Administration --- Political questions and judicial power. --- Authoritarianism. --- Courts - Political aspects --- Justice, Administration of - Political aspects
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Buddhism --- Social aspects --- Buddhism - Social aspects - Thailand.
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Scholars have generally assumed that courts in authoritarian states are pawns of their regimes, upholding the interests of governing elites and frustrating the efforts of their opponents. As a result, nearly all studies in comparative judicial politics have focused on democratic and democratizing countries. This volume brings together leading scholars in comparative judicial politics to consider the causes and consequences of judicial empowerment in authoritarian states. It demonstrates the wide range of governance tasks that courts perform, as well as the way in which courts can serve as critical sites of contention both among the ruling elite and between regimes and their citizens. Drawing on empirical and theoretical insights from every major region of the world, this volume advances our understanding of judicial politics in authoritarian regimes.
Courts --- Justice, Administration of --- Political questions and judicial power. --- Judicial process. --- Authoritarianism. --- Political science --- Authority --- Decision making, Judicial --- Judicial behavior --- Judicial decision making --- Judges --- Law --- Procedure (Law) --- Judicial activism --- Judicial power and political questions --- Act of state --- Administrative discretion --- Judicial review --- Jurisdiction --- Rule of law --- Separation of powers --- Justice and politics --- Judiciary --- Dispute resolution (Law) --- Judicial districts --- Judicial power --- Political aspects. --- Psychological aspects --- Interpretation and construction --- Political aspects --- Law and legislation --- Courts - Political aspects --- Justice, Administration of - Political aspects --- Political questions and judicial power --- Judicial process --- Authoritarianism --- General and Others
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Constitutions in authoritarian regimes are often denigrated as meaningless exercises in political theater. Yet the burgeoning literature on authoritarian regimes more broadly has produced a wealth of insights into particular institutions such as legislatures, courts and elections; into regime practices such as co-optation and repression; and into non-democratic sources of accountability. In this vein, this volume explores the form and function of constitutions in countries without the fully articulated institutions of limited government. The chapters utilize a wide range of methods and focus on a broad set of cases, representing many different types of authoritarian regimes. The book offers an exploration into the constitutions of authoritarian regimes, generating broader insights into the study of constitutions and their functions more generally.
Constitutional law. --- Authoritarianism. --- Political science --- Authority --- Constitutional law --- Constitutional limitations --- Constitutionalism --- Constitutions --- Limitations, Constitutional --- Public law --- Administrative law --- Interpretation and construction --- Authoritarianism --- Egypte --- Kirghizistan --- Chine --- Ukraine
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