Dialogic judicial review and its problems in East Asia

Recent decades have witnessed the emergence of regional constitutionalism, such as North American constitutionalism or Global South constitutionalism. Instead of arguing whether there is a model of East Asian constitutionalism, this article takes a more modest stance, suggesting that a dialogic model of judicial review may be one common ground despite the diversity of constitutionalism in East Asia. Although the current literature on dialogic judicial review has concentrated primarily on common law jurisdictions in the West, the application is by no means so limited. Dialogic judicial review not only straddles the common law/civil law divide but also bridges the gap between the West and the East. In fact, the political environment in East Asia has provided fertile soil for the growth of dialogic judicial review for two interrelated reasons: the persistence of authoritarian regimes and the rampant political attack against the judiciary, even in democracies.