ABSTRACT
In transnational constitutionalism, East Asian democracies have to deal continuously with constitutional order with trans-boundary functions. From both transitional and transnational perspective, judicial review exercised by independent courts provides one with a useful insight into the development of constitutionalism and its consequences and implications for democratic functions in East Asia. Judicial review came to East Asia in two waves: the first in the immediate post–World War II period, and the second in the 1980s and 1990s during the era of democratization. The Supreme Court model used to be the most widespread model in East Asia, drawing inspiration from the US Supreme Court or the English common law courts. Judicial independence, the rule of law, and the separation of powers stand at the core of modern constitutionalism. The manner in which judges are appointed has a direct bearing on the impartiality, integrity, and independence of the judiciary.
