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Constitutional Remedies in Asia

Constitutional Remedies in Asia

Paperback

Series: Routledge Studies in Asian Law

Asian American StudiesGeneral LawGeneral Sociology

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ISBN10: 0367660695
ISBN13: 9780367660697
Publisher: Routledge
Published: Sep 30 2020
Pages: 182
Language: English

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.

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Asian American Studies