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4 - Convergence on Innovative Constitutional Remedies

Published online by Cambridge University Press:  18 November 2021

Po Jen Yap  and
Chien-Chih Lin
Po Jen Yap
Affiliation:
The University of Hong Kong
Chien-Chih Lin
Affiliation:
Academia Sinica, Taipei, Taiwan
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Summary

In Asia, the courts in Taiwan, South Korea, and Hong Kong are the only ones that regularly rely on both Remedial Interpretation and Suspension Orders to rectify constitutionally flawed legislation. Furthermore, neither remedy is expressly authorized by legislation or their respective Constitutions. These novel remedies were wholly created by their top judges. These courts in East Asia have used these innovative remedies to rectify laws on criminal procedure, electoral rights, privacy rights and non-discrimination.

Keywords

remedial interpretationSuspension Orderdecision of incompatibilityconditional constitutionalitySuspension Orders with remedial interpretationsSuspension Orders with advisory deadlines
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Chapter
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Constitutional Convergence in East Asia , pp. 110 - 136
Publisher: Cambridge University Press
Print publication year: 2021

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