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1 results

  • 4 - Convergence on Innovative Constitutional Remedies

  • Po Jen Yap, The University of Hong Kong, Chien-Chih Lin, Academia Sinica, Taipei, Taiwan
  • Book:
    Constitutional Convergence in East Asia
    Published online:
    18 November 2021
    Print publication:
    25 November 2021, pp 110-136

  • 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.