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1 results

  • 3 - Convergence on Structured Proportionality

  • 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 62-109

  • 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.