Dialogue and Subconstitutional Doctrines in Common Law Asia

Abstract

Considers the scope for "dialogue" between courts and the legislature on issues of human or constitutional rights protection in the absence of structural mechanisms enabling the legislature to reverse or avoid a declaration of incompatibility by examining how the courts in Hong Kong, Singapore and Malaysia have engaged in dialogic review through the application of one or more of six "subconstitutional" doctrines. Discusses the benefits and concerns about subconstitutional rule-making. Analyses the six doctrines.