chapter  2
15 Pages

On the regulatory dynamics of judicialization: The promise and perils of exploring “judicialization” in East and Southeast Asia


The notion of judicialization could be a very potent concept. As I hope to show in this chapter, judicialization offers a powerful tool to identify and understand particular kinds of regulatory and constitutional change. However, in order to do so, we need to treat that notion with a lot more care than is commonly the case. In particular, the idea of “judicialization” tends to conflate into a single category a wide diversity of regulatory dynamics that have a similarly wide diversity of developmental implications. An exploration of judicialization in East and Southeast Asia may give us our most detailed mapping to-date of what our emerging, “post-industrial” regulatory world might look like. In order to do this, we must first understand and correct the potential analytic problems described above that are too often latent in the concept of judicialization.