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Constitutional Remedies in Asia (Paperback)
Loot Price: R1,395
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Constitutional Remedies in Asia (Paperback)
Series: Routledge Studies in Asian Law
Expected to ship within 12 - 17 working days
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Many jurisdictions in Asia have vested their courts with the power
of constitutional review. Traditionally, these courts would
invalidate an impugned law to the extent of its inconsistency with
the constitution. In common law systems, such an invalidation
operates immediately and retrospectively; and courts in both common
law and civil law systems would leave it to the legislature to
introduce corrective legislation. In practice, however, both common
law and civil law courts in Asia have devised novel constitutional
remedies, often in the absence of explicit constitutional or
statutory authorisation. Examining cases from Hong Kong,
Bangladesh, Indonesia, India, and the Philippines, this collection
of essays examines four novel constitutional remedies which have
been judicially adopted - Prospective Invalidation, Suspension
Order, Remedial Interpretation, and Judicial Directive - that blurs
the distinction between adjudication and legislation.
General
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