Remedial Discretion and Dilemmas in Asia
70 University of Toronto Law Journal (Forthcoming)
19 Pages Posted: 5 Sep 2019 Last revised: 11 Oct 2019
Date Written: September 5, 2019
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: Suggested Citation