Constitutional Remedies in Asia
Language: English
Published by Routledge 2020-09-30, 2020
- Softcover
- New
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- Title
- Constitutional Remedies in Asia
- Author
- Po Jen Yap
- Publisher
- Routledge 2020-09-30
- Publication year
- 2020
- Condition
- New
- Binding
- Paperback
- Language
- English
- ISBN 10
- 0367660695
- ISBN 13
- 9780367660697
- Series
- Book 6 of 11: Routledge Studies in Asian Law
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.
"Synopsis" may belong to another edition of this title.
About the Author
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.
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Chiron Media
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AbeBooks seller since August 2, 2010
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