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Constitutional Remedies in Asia: Routledge Studies in Asian Law

Editat de Po Jen Yap
en Limba Engleză Paperback – 30 sep 2020
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 authorisation.




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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Specificații

ISBN-13: 9780367660697
ISBN-10: 0367660695
Pagini: 194
Dimensiuni: 156 x 234 mm
Greutate: 0.36 kg
Ediția:1
Editura: Taylor & Francis
Colecția Routledge
Seria Routledge Studies in Asian Law

Locul publicării:Oxford, United Kingdom

Public țintă

Postgraduate and Undergraduate

Cuprins

Acknowledgement
Notes on contributors


1. Constitutional Remedies in Asia: An Overview (Po Jen Yap)


Part 1: Prospective Invalidation
2. Back to the Future: On Prospective Invalidation in the Indonesian Constitutional Court (Stefanus Hendrianto)
3. Bangladesh’s Inconsistency with the Doctrine of Prospective Invalidation (M. Jashim Ali Chowdhury)


Part 2: Suspension Order
4. Sunsetting Suspension Orders in Hong Kong (Swati Jhaveri)
5. Pragmatism and the Use of Suspension Orders by Indonesia’s Constitutional Court (Fritz Edward Siregar)


Part 3: Remedial Interpretation
6. Conditional Constitutionality and Conditional Unconstitutionality in Indonesia (Simon Butt)
7. An Alternative to Annulment – Remedial Interpretation in Hong Kong (Francis Ho-Chai Chung and Jiang Zixin)


Part 4: Judicial Directive
8. Structural Injunctions and Public Interest Litigation in India (Chintan Chandrachud)
9. Dissecting Quasi-Legislative Judicial Directives of the Supreme Court of Bangladesh (Md. Rizwanul Islam)
10. Integrated Diversity: A Pluralist Argument for the Philippine Writ of Continuing Mandamus (Bryan Dennis Gabito Tiojanco)


Index


Notă biografică

Po Jen Yap is a Professor at The University of Hong Kong (HKU), Faculty of Law, where he specialises in Constitutional and Administrative law. He graduated from the National University of Singapore with an LLB degree and he obtained LLM qualifications from both Harvard Law School and University College London. He also has a PhD degree from the University of Cambridge. He is an Advocate and Solicitor of the Supreme Court of Singapore and an Attorney at Law in the State of New York (USA). He is the author and editor of over 50 books, book chapters, journal articles, and case commentaries. His first sole-authored monograph Constitutional Dialogue in Common Law Asia, published in 2015, was awarded HKU's University Research Output Prize in 2016. He is also the recipient of HKU's 2016 Outstanding Young Researcher Prize. His second sole-authored monograph Courts and Democracies in Asia was published in late 2017.

Recenzii

'By taking us on an eye-opening tour of constitutional remedies in Asia, this fascinating collection of essays broadens the landscape of comparative constitutional analysis.  Not only does it open up new territory, it also deepens our understanding of remedies by highlighting the multiple ways in which judges seek to engage political actors in the joint endeavour of making rights real.' - Aileen Kavanagh, Professor of Constitutional Law, University of Oxford, UK
'This volume brings important developments in Asia into comparative constitutional debates that have overwhelmingly focused on the U.K., Canada, and New Zealand. Combining theoretical engagement with on-the-ground experiences, it makes a valuable contribution and will broaden the scholarly conversations.' - Robert Leckey, Dean of the Faculty of Law and Samuel Gale Professor, McGill University, Canada
'A fascinating and rich systematic study of the under-studied but vital topic of comparative constitutional remedies. Constitutional Remedies in Asia is path-breaking scholarship which makes many deep connections between various remedies devised by courts and the political systems within which they operate. Essential reading for those interested in comparative constitutional law.' - Kent Roach, CM, FRSC, Prichard Wilson Chair in Law and Public Policy, University of Toronto, Canada
'Combining careful legal analysis with a realistic understanding of courts' positions in different national legal system, these essays are important contributions to the growing field of comparative constitutional studies.' - Mark Tushnet, William Nelson Cromwell Professor of Law, Harvard Law School, USA

'Constitutional Remedies in Asia is a sophisticated collection of chapters on an understudied aspect of judicial power and creativity. The volume illustrates the power

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Examining cases from Hong Kong, Bangladesh, Indonesia, India and the Philippines, this collection looks at 4 major constitutional remedies that have been adopted in these jurisdictions and the implications thereof. It demonstrates the blurring of the lines between the judicial and legislative branches alongside the rise of modern Asian states.