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New Democracies and Novel Remedies

17 Pages Posted: 3 Oct 2017 Last revised: 12 Oct 2017

Po Jen Yap

The University of Hong Kong - Faculty of Law

Date Written: 2017

Abstract

Discusses the novel constitutional remedies adopted by courts in emerging democracies to ensure the Government's observance of the law. Reviews, with reference to case law, the approach of courts in South Africa, India and Hong Kong to: (1) the granting of engagement orders; (2) the making of suspension orders with "bite"; and (3) the making of judicial directives in response to political incompetence or intransigence.

Suggested Citation

Yap, Po Jen, New Democracies and Novel Remedies (2017). Public Law, 2017, Jan, pp. 30-45; University of Hong Kong Faculty of Law Research Paper No. 2017/029. Available at SSRN: https://ssrn.com/abstract=3046364

Po Jen Yap (Contact Author)

The University of Hong Kong - Faculty of Law ( email )

Pokfulam Road
Hong Kong, Hong Kong
China

HOME PAGE: http://hub.hku.hk/rp/rp01274

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