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Please use this identifier to cite or link to this item: http://hdl.handle.net/2344/834

タイトル: Constitutional Review and Democratic Consolidation: A Literature Review
著者: Hazama, Yasushi
間, 寧
キーワード: Judiciary
Constitutional review
Issue Date: 2009
出版者: Institute of Developing Economies, JETRO
引用: IDE Discussion Paper. No. 192. 2009.
抄録: This paper reviews the literature on the prevalence of constitutional review across the world, and particularly in emerging democracies, during the last two decades. Two major questions should be addressed in this regard. First, why has the judiciary been empowered and what factors affect judicial activism? Second, does constitutional review ensure an effective self-enforcing function? In sum, the literature shows that constitutional review can make democracy self-enforcing if there is sufficient competition among political parties or between the legislature and the executive branch of government. In a more sophisticated case, political balance within the court can also ensure the observance of court decisions.
URI: http://hdl.handle.net/2344/834
Appears in Collections:04.IDE Discussion Paper
04.法律、行政(Law and Public Administration)/特定地域なし(Non Region-specific Studies)

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