Constitutional Remedies in Asia

ISBN-13: 9780367660697 / Angielski / Miękka / 2020 / 182 str.

Po Jen Yap

Opis

Examining cases from Hong Kong, Bangladesh, Indonesia, India and the Philippines, this collection looks at 4 major constitutional remedies that have been adopted in these jurisdictions and the implications thereof. It demonstrates the blurring of the lines between the judicial and legislative branches alongside the rise of modern Asian states.

Spis treści

Acknowledgement
Notes on contributors

1. Constitutional Remedies in Asia: An Overview (Po Jen Yap)

Part 1: Prospective Invalidation
2. Back to the Future: On Prospective Invalidation in the Indonesian Constitutional Court (Stefanus Hendrianto)
3. Bangladesh’s Inconsistency with the Doctrine of Prospective Invalidation (M. Jashim Ali Chowdhury)

Part 2: Suspension Order
4. Sunsetting Suspension Orders in Hong Kong (Swati Jhaveri)
5. Pragmatism and the Use of Suspension Orders by Indonesia’s Constitutional Court (Fritz Edward Siregar)

Part 3: Remedial Interpretation
6. Conditional Constitutionality and Conditional Unconstitutionality in Indonesia (Simon Butt)
7. An Alternative to Annulment – Remedial Interpretation in Hong Kong (Francis Ho-Chai Chung and Jiang Zixin)

Part 4: Judicial Directive
8. Structural Injunctions and Public Interest Litigation in India (Chintan Chandrachud)
9. Dissecting Quasi-Legislative Judicial Directives of the Supreme Court of Bangladesh (Md. Rizwanul Islam)
10. Integrated Diversity: A Pluralist Argument for the Philippine Writ of Continuing Mandamus (Bryan Dennis Gabito Tiojanco)

Index

O autorze

Po Jen Yap is a Professor at The University of Hong Kong (HKU), Faculty of Law, where he specialises in Constitutional and Administrative law. He graduated from the National University of Singapore with an LLB degree and he obtained LLM qualifications from both Harvard Law School and University College London. He also has a PhD degree from the University of Cambridge. He is an Advocate and Solicitor of the Supreme Court of Singapore and an Attorney at Law in the State of New York (USA). He is the author and editor of over 50 books, book chapters, journal articles, and case commentaries. His first sole-authored monograph Constitutional Dialogue in Common Law Asia, published in 2015, was awarded HKU's University Research Output Prize in 2016. He is also the recipient of HKU's 2016 Outstanding Young Researcher Prize. His second sole-authored monograph Courts and Democracies in Asia was published in late 2017.