Convergence on Innovative Constitutional Remedies

Po Jen Yap, Chien-Chih Lin
2021-11-23

SCID:  54.1/z9vf3ekt
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.
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2021-11-23
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Po Jen Yap
Chien-Chih Lin
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