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Judicial review in new democracies
Author:
ISBN: 0521520398 0521817153 110713479X 0511179871 0511061137 0511306792 0511511183 1280434325 051120387X 0511069596 9780511061134 9780511179877 9780511511189 9780521817158 9780521520393 9781280434327 9780511306792 9780511069598 Year: 2003 Publisher: Cambridge, UK New York Cambridge University Press

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Abstract

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.


Book
Comparative constitutional design
Author:
ISBN: 1107231310 1139234633 1280485760 1139233173 9786613580740 1139230964 1139229508 113910571X 1139232401 1139233955 9781139233958 9781139105712 9781139230964 9781107020566 1107020565 9781139230964 9781107665378 110766537X Year: 2012 Publisher: New York Cambridge University Press

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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.

Legal reform in Korea
Author:
ISBN: 0203479386 9780203479384 9780415341004 0415341000 0415341000 9781134326808 1134326807 9781134326754 1134326750 9781134326792 1134326793 9780415649698 0415649692 1280046732 Year: 2004 Publisher: London New York RoutledgeCurzon

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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.


Book
Democracies and international law
Author:
ISBN: 110891487X 1108910807 110891022X 1108843131 Year: 2021 Publisher: Cambridge : Cambridge University Press,

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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.


Book
Democracies and international law
Author:
ISBN: 9781108914871 9781108843133 9781108823906 Year: 2021 Publisher: Cambridge Cambridge University Press

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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"--


Book
Rule by law : the politics of courts in authoritarian regimes
Authors: ---
ISBN: 9780521720410 9780521895903 9780511814822 0521720419 0521895901 Year: 2008 Publisher: Cambridge : Cambridge University Press,

Seeds of peace: a Buddhist vision for renewing society
Authors: ---
ISBN: 0938077783 9780938077787 Year: 1992 Publisher: Berkeley (Calif.) Parallax

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Book
Comparative constitutional law in Asia.
Authors: ---
ISBN: 9781781002698 178100269X Year: 2014 Publisher: Cheltenham Elgar


Book
Rule by law
Authors: ---
ISBN: 1107187893 1281383864 9786611383862 0511814828 0511398085 0511397313 0511401019 0511396589 0511398913 9780511397318 9780511398087 9780511814822 0521895901 0521720419 9780521895903 9780511401015 9780521720410 9781107187894 9781281383860 6611383867 9780511396588 9780511398919 Year: 2008 Publisher: Cambridge [UK] New York Cambridge University Press

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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.


Book
Constitutions in authoritarian regimes
Authors: ---
ISBN: 1107721113 1107723396 1107252520 1107047668 1107663946 9781107047662 9781107663947 9781107252523 Year: 2014 Publisher: Cambridge Cambridge University Press

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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.

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