Constitutional Remedies in Asia

1st Edition

Po Jen Yap

Routledge
March 21, 2019 Forthcoming
Reference - 160 Pages
ISBN 9781138351127 - CAT# K395266
Series: Routledge Studies in Asian Law

USD$140.00

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Summary

Many jurisdictions in Asia have vested their courts with the power of constitutional review. Traditionally these courts would invalidate an impugned law to the extent of its inconsistency with the constitution. In common law systems, such an invalidation operates immediately and retrospectively; and courts in both common law and civil law systems would leave it to the legislature to introduce corrective legislation. In practice, however, both common law and civil law courts in Asia have devised novel constitutional remedies, often in the absence of explicit constitutional or statutory remedies.

Examining cases from Hong Kong, Bangladesh, Indonesia, India and the Philippines, this collection of essays examines four novel constitutional remedies which have been judicially adopted - Prospective Invalidation, Suspension Order, Remedial Interpretation, and Judicial Directive - that blurs the distinction between adjudication and legislation.

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