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Constitutional Convergence in East Asia

Constitutional Convergence in East Asia

作者： Po Jen Yap; Chien-Chih Lin
出版商： Cambridge University Press
ISBN: 9781108831178
出版时间 November 2021
规格： Hardback
适应领域： U.K. ? 免责申明：
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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.
1. Introduction
2. Reasons for convergence
3. Convergence on structured proportionality
4. Convergence on innovative constitutional remedies
5. Limits on convergence
6. Conclusion
Bibliography
Index

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