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
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.
'By taking us on an eye-opening tour of constitutional remedies in
Asia, this fascinating collection of essays broadens the landscape
of comparative constitutional analysis. Not only does it open up
new territory, it also deepens our understanding of remedies by
highlighting the multiple ways in which judges seek to engage
political actors in the joint endeavour of making rights real.' -
Aileen Kavanagh, Professor of Constitutional Law, University of
Oxford, UK'This volume brings important developments in Asia into
comparative constitutional debates that have overwhelmingly focused
on the U.K., Canada, and New Zealand. Combining theoretical
engagement with on-the-ground experiences, it makes a valuable
contribution and will broaden the scholarly conversations.' -
Robert Leckey, Dean of the Faculty of Law and Samuel Gale
Professor, McGill University, Canada'A fascinating and rich
systematic study of the under-studied but vital topic of
comparative constitutional remedies. Constitutional Remedies in
Asia is path-breaking scholarship which makes many deep connections
between various remedies devised by courts and the political
systems within which they operate. Essential reading for those
interested in comparative constitutional law.' - Kent Roach, CM,
FRSC Prichard Wilson Chair in Law and Public Policy, University of
Toronto, Canada'Combining careful legal analysis with a realistic
understanding of courts' positions in different national legal
system, these essays are important contributions to the growing
field of comparative constitutional studies.' - Mark Tushnet,
William Nelson Cromwell Professor of Law, Harvard Law School,
USA'Constitutional Remedies in Asia is a sophisticated collection
of chapters on an understudied aspect of judicial power and
creativity. The volume illustrates the power of comparative
analysis, integrating diverse country experiences into a common
framework, and opens up new angles for courts and scholars.' - Tom
Ginsburg, Leo Spitz Professor of International Law, University of
Chicago, USA
'By taking us on an eye-opening tour of constitutional remedies in
Asia, this fascinating collection of essays broadens the landscape
of comparative constitutional analysis. Not only does it open up
new territory, it also deepens our understanding of remedies by
highlighting the multiple ways in which judges seek to engage
political actors in the joint endeavour of making rights real.' -
Aileen Kavanagh, Professor of Constitutional Law, University of
Oxford, UK'This volume brings important developments in Asia into
comparative constitutional debates that have overwhelmingly focused
on the U.K., Canada, and New Zealand. Combining theoretical
engagement with on-the-ground experiences, it makes a valuable
contribution and will broaden the scholarly conversations.' -
Robert Leckey, Dean of the Faculty of Law and Samuel Gale
Professor, McGill University, Canada'A fascinating and rich
systematic study of the under-studied but vital topic of
comparative constitutional remedies. Constitutional Remedies in
Asia is path-breaking scholarship which makes many deep connections
between various remedies devised by courts and the political
systems within which they operate. Essential reading for those
interested in comparative constitutional law.' - Kent Roach, CM,
FRSC, Prichard Wilson Chair in Law and Public Policy, University of
Toronto, Canada'Combining careful legal analysis with a realistic
understanding of courts' positions in different national legal
system, these essays are important contributions to the growing
field of comparative constitutional studies.' - Mark Tushnet,
William Nelson Cromwell Professor of Law, Harvard Law School,
USA'Constitutional Remedies in Asia is a sophisticated collection
of chapters on an understudied aspect of judicial power and
creativity. The volume illustrates the power of comparative
analysis, integrating diverse country experiences into a common
framework, and opens up new angles for courts and scholars.' - Tom
Ginsburg, Leo Spitz Professor of International Law, University of
Chicago, USA
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