Constitutional Remedies in Asia

Nonfiction, Social & Cultural Studies, Social Science, Cultural Studies, Ethnic Studies
Cover of the book Constitutional Remedies in Asia by , Taylor and Francis
View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart
Author: ISBN: 9780429788123
Publisher: Taylor and Francis Publication: March 7, 2019
Imprint: Routledge Language: English
Author:
ISBN: 9780429788123
Publisher: Taylor and Francis
Publication: March 7, 2019
Imprint: Routledge
Language: English

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.

View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart

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.

More books from Taylor and Francis

Cover of the book The English Execution Narrative, 1200–1700 by
Cover of the book Humanitarianism and Challenges of Cooperation by
Cover of the book Statistics Tables by
Cover of the book Women's Romantic Theatre and Drama by
Cover of the book Free Will by
Cover of the book Security Surveillance Centers by
Cover of the book CIM Revision Cards Analysis and Evaluation by
Cover of the book Informal Institutions and Rural Development in China by
Cover of the book IMF Lending to Developing Countries by
Cover of the book State and Laid-Off Workers in Reform China by
Cover of the book Higher Education in Southeast Asia by
Cover of the book A History of the Polish Americans by
Cover of the book The Bohemian Ethos by
Cover of the book The Development of Bertrand Russell's Philosophy by
Cover of the book Routledge Handbook of Political Marketing by
We use our own "cookies" and third party cookies to improve services and to see statistical information. By using this website, you agree to our Privacy Policy