Constitutional Remedies in Asia - Couverture souple

Couverture souple

ISBN 10 : 0367660695 ISBN 13 : 9780367660697

Editeur : Routledge, 2020

Synopsis

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.

A propos du livre

À propos de l?auteur

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.

Détails de l'édition

• Éditeur: Routledge
• Date d'édition: 2020
• Langue: anglais
• ISBN 10: 0367660695
• ISBN 13: 9780367660697
• Reliure: Broché
• Nombre de pages: 182
• Éditeur: Yap Po Jen
• Coordonnées du fabricant: non disponible
• Personne responsable: non disponible