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3 - Convergence on Structured Proportionality

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

Taiwan, South Korea, and Hong Kong are exceptional insofar as their courts are the only ones in Asia that have converged on the use of Structured Proportionality (SP) to invalidate legislation routinely. Their judges reason through the four-stage SP sequentially and harness SP to overturn state action regularly. In East Asia, SP has been used to invalidate laws that limit free speech, freedom of assembly, criminal due process, prisoners’ rights, the right to work, sexual autonomy and the right to property.

Keywords

Taiwan Constitutional CourtHong Kong Court of Final AppealConstitutional Court of South KoreaStructured Proportionalitymethodological convergencesubstantive convergence
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Chapter
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Constitutional Convergence in East Asia , pp. 62 - 109
Publisher: Cambridge University Press
Print publication year: 2021

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