The Judicialization of Politics in Asia: 1st Edition (Paperback) book cover

The Judicialization of Politics in Asia

1st Edition

Edited by Björn Dressel


256 pages | 1 B/W Illus.

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Over the last two decades courts have become major players in the political landscape in Asia. This book assesses what is driving this apparent trend toward judicialization in the region. It looks at the variations within the judicialization trend, and how these variations affect political practice and policy outcomes. The book goes on to examine how this new trend is affecting aspects of the rule of law, democratic governance and state-society relations. It investigates how the experiences in Asia add to the debate on the judicialization of politics globally; in particular how judicial behaviour in Asia differs from that in the West, and the implications of the differences on the theoretical debate.

Table of Contents

1. The Judicialization of Politics in Asia: Towards a Framework of Analysis Björn Dressel Part 1: Established Democracies 2. The Judicialization of Japanese Politics? Tom Ginsburg and Tokujin Matsudaira 3. Causes and Conditions for Sustainable Judicialization of Politics in Korea Jongcheol Kim and Jonghyun Park 4. The Judiciary, Policy, and Politics in India Shylashri Shankar Part 2: Fragile and Young Democracies 5. Thailand: Judicialization of Politics or Politicization of the Judiciary? Björn Dressel 6. Indonesia's Constitutional Court: Conservative Activist or Strategic Operator? Simon Butt 7. From Judicialization to Politicization of the Judiciary: The Philippine Case Alejandro N. Cienca 8. The Judicialization of Politics in Pakistan Charles Kennedy Part 3: Authoritarian and Semi-Authoritarian Settings 9. China's Supreme People's Court within the "Political-Legal System" Shumei Hou and Ron Keith 10. Cambodia's Judiciary: Heading for Political Judicialization? Kheang Un and Sokbunthoeun So 11. Malaysia: Limited and Intermittent Judicialization of Politics Chandra Kanagasabai 12. Leadership, Law, and Legitimacy: Reflections on the Changing Nature of Judicial Politics in Asia Haig Patapan

About the Editor

Björn Dressel is a Senior Lecturer at the Crawford School of Public Policy at the Australian National University (ANU), Australia.

About the Series

Routledge Law in Asia

The series examines legal system development and rule of law in Asia, using Western legal systems as comparison points. Given the great diversity among legal systems, the purpose is to understand how rule of law is conceived and implemented, and the role of law and the legal system with respect to economic growth, political reform and democratization, the protection of human rights, geopolitical stability and the engagement of Asian countries with other countries in the international arena. The project also addresses the Euro-American centricism of comparative law by replacing outdated stereotypes with empirically grounded, in-depth and up-to-date analyses of Asian legal systems across a wide range of issues and areas of law.

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Subject Categories

BISAC Subject Codes/Headings:
SOCIAL SCIENCE / Ethnic Studies / General