Constitutional Remedies in Asia

Law › Administrative / Constitutional Law

Constitutional Remedies in Asia

By Po Jen Yap
Routledge March 2019

Specifications

ISBN-13
9781138351127
Publisher
Routledge
Publication
March 2019
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

Details

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.

Table of Contents

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
HKD 1,954.55 −3%
HKD 2,015.00

Inclusive of HK delivery

Ready to ship
Delivery Time: around 4-5 weeks
Extra 10 working days if shipping address outside Hong Kong
  • Free HK shipping over HK$1,000
  • International shipping to 35+ countries
Order Form
Save

Recommended

You may also be interested in these books:

More titles from Administrative / Constitutional Law

View all
Legitimation by Constitution: A Dialogue on Political Liberalism
Oxford University Press

Legitimation by Constitution: A Dialogue on Political Liberalism

Frank Michelman; Alessandro Ferrara
HKD 1,324.05
Administrative Court Digest: Issues Only
Sweet & Maxwell Ltd Subscriptions

Administrative Court Digest: Issues Only

Richard Gordon
HKD 25,682.83
Judicial Review Handbook, 7th Edition
Hart Publishing

Judicial Review Handbook, 7th Edition

Michael Fordham QC
Wrongs and Rights Come Apart
Harvard University Press

Wrongs and Rights Come Apart

Nicolas Cornell
HKD 557.00
Reconstructing American Legal Realism & Rethinking Private Law Theory
Oxford University Press USA

Reconstructing American Legal Realism & Rethinking Private Law Theory

Hanoch Dagan
HKD 1,513.20
The Principle of Effective Legal Protection in Administrative Law: A European Perspective
Routledge

The Principle of Effective Legal Protection in Administrative Law: A European Perspective

Zoltn Szente, Konrad Lachmayer
HKD 1,260.87