New Democracies and Novel Remedies
Public Law, 2017, Jan, pp. 30-45
17 Pages Posted: 3 Oct 2017 Last revised: 12 Oct 2017
Date Written: 2017
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.
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