Constitutional Convergence in East Asia (Comparative Constitutional Law and Policy) - Softcover

Yap, Po Jen

Softcover

ISBN 10: 110892641X ISBN 13: 9781108926416

Publisher: Cambridge University Press, 2024

Synopsis

This comparative study of the constitutional jurisprudence of three East Asian jurisdictions investigates how the rulings of the Constitutional Court of Taiwan, the Constitutional Court of Korea and the Hong Kong Court of Final Appeal have converged. The unique political contexts of all three jurisdictions have led to strong courts using the structured proportionality doctrine and innovative constitutional remedies to address human rights issues. Hong Kong, Taiwan, and South Korea have the only courts in Asia that regularly use a structured four-stage Proportionality Analysis to invalidate laws, and routinely apply innovative constitutional remedies such as Suspension Orders and Remedial Interpretation to rectify constitutionally flawed legislation. This volume explores how judges in these areas are affected by politics within their different constitutional systems. The latest developments in Asian constitutional law are covered, with detailed analysis of key cases.

About this title

About the Authors

Po Jen Yap is a Professor of Law at The University of Hong Kong. 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 of Constitutional Dialogue in Common Law Asia (2015) and Courts and Democracies in Asia (2017).

Chien-Chih Lin is an Associate Research Professor at Institutum Iurisprudentiae, Academia Sinica (Taiwan). He has published in multiple law journals and edited volumes, including The Oxford Handbook of Constitutional Law in Asia, American Journal of Comparative Law, and International Journal of Constitutional Law. He is the book review editor of the International Journal of Constitutional Law.

Edition details

• Publisher: Cambridge University Press
• Publication date: 2024
• Language: English
• ISBN 10: 110892641X
• ISBN 13: 9781108926416
• Binding: Paperback
• Number of pages: 214