Remedial Discretion and Dilemmas in Asia

70 University of Toronto Law Journal (Forthcoming)

University of Hong Kong Faculty of Law Research Paper No. 058

19 Pages Posted: 5 Sep 2019 Last revised: 11 Oct 2019

See all articles by Po Jen Yap

Po Jen Yap

The University of Hong Kong - Faculty of Law

Date Written: September 5, 2019

Abstract

Asian courts have mitigated the individual harms and institutional uncertainties associated with the judicial use of delayed remedies by incentivising the government to comply with the court’s ruling or putting in place judicial safeguards against any legislative delinquency. Expedited remedies like Remedial Re-interpretation and Judicial Directives in certain contexts may also be necessary or desirable, even if the judicially imposed result may not be what the enacting legislature had originally intended. Insofar as the legislature can respond and amend these Judicial Re-interpretation or Directives by ordinary legislation, the judiciary does not have the final word and has merely facilitated a constitutional dialogue on rights with the current legislature.

Suggested Citation

Yap, Po Jen, Remedial Discretion and Dilemmas in Asia (September 5, 2019). 70 University of Toronto Law Journal (Forthcoming), University of Hong Kong Faculty of Law Research Paper No. 058, Available at SSRN: https://ssrn.com/abstract=3444697

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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