Constitutionalism and judicial review in East Asia

Since the late twentieth century, a wave of constitutionalism has swept across the world (Huntington 1991; Ackerman 1992; Linz and Stepan 1996; Kaldor and Vejvoda 2002; Jeffries 2004). More than two-thirds of the world’s population now lives in constitutional democracies that embrace some form of human rights, rule of law, judicial review, limited government, and separation of powers (Henkin 1994). Along with these global developments, vibrant constitutional democracies have also taken hold in East Asia, where constitutionalism has emerged and developed distinctive forms against the backdrop of democratization and global convergence (Yeh and Chang 2011). Among the salient features of constitutionalism, ¹ the institution and function of judicial review – within the process and context of democratization – remains the most intriguing subject for students of East Asian democratization and development.