Governance, Courts and Politics in Asia
Date
2014
Authors
Dressel, Bjoern
Journal Title
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Volume Title
Publisher
Schmidt Periodicals
Abstract
It is widely argued that an empowered judiciary supports better governance by
strengthening the rule of law and helping to make government more accountable and stable, but
how solidly that reasoning is based in fact has not been carefully analysed. As recent events in Asia
illustrate, apparently similar constitutional choices about courts can have very different effects on
political life and ultimately governance. To address the relative lack of empirical observation and
more closely investigate the nexus between courts and governance, this article first presents a basic
typology of judicial politics and then applies it to Thailand, Singapore, Korea and Japan. The intent
is to: (1) provide a much-needed and more nuanced view of the unfolding judicialisation phenomenon;
and (2) urge closer attention to how specific patterns of judicial behaviour in Asia relate to
dimensions of governance. The study thus offers an opportunity to illuminate larger issues at the
intersection of judicial engagement and political governance and to advance a theoretical understanding
of both.
Description
Keywords
Keywords: Asia; constitutional courts; Japan; judicialisation; Judiciary; Korea; Singapore; Thailand
Citation
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Source
Journal of Contemporary Asia
Type
Journal article
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Restricted until
2037-12-31
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