2 - Reasons for Convergence

Summary

There are two inter-related institutional reasons for this judicialization of public law norms, which promotes this constitutional convergence within East Asia. First, in each jurisdiction, judicialization is fostered by a fragmentation of power within the political branches of government, which hampers the ability of the government of the day to pursue a unified legislative agenda efficaciously. Second, judicialization is facilitated by an independent judiciary. Hong Kong, Taiwan and South Korea have the most liberal courts in Asia precisely because of the political fragmentation in their constitutional systems, and the insulation of their judges from the control of one dominant party in government, which allow for independent liberal judges to be regularly appointed to the highest court. And these liberal judges in turn can choose to hand down liberal rulings when they secure a majority on the bench.