Back to Search Start Over

Constitutional Convergence in East Asia

Authors :
Po Jen Yap
Chien-Chih Lin
Po Jen Yap
Chien-Chih Lin
Publication Year :
2021

Abstract

This comparative study of the constitutional jurisprudence of three East Asian jurisdictions investigates how the rulings of the Constitutional Court of Taiwan, the Constitutional Court of Korea and the Hong Kong Court of Final Appeal have converged. The unique political contexts of all three jurisdictions have led to strong courts using the structured proportionality doctrine and innovative constitutional remedies to address human rights issues. Hong Kong, Taiwan, and South Korea have the only courts in Asia that regularly use a structured four-stage Proportionality Analysis to invalidate laws, and routinely apply innovative constitutional remedies such as Suspension Orders and Remedial Interpretation to rectify constitutionally flawed legislation. This volume explores how judges in these areas are affected by politics within their different constitutional systems. The latest developments in Asian constitutional law are covered, with detailed analysis of key cases.

Subjects

Subjects :
Constitutional law--East Asia

Details

Language :
English
ISBNs :
9781108831178 and 9781108918206
Database :
eBook Index
Journal :
Constitutional Convergence in East Asia
Publication Type :
eBook
Accession number :
3063651