Constitutional Convergence in East Asia

Explains why the constitutional jurisprudence of Hong Kong, Taiwan, and South Korea is converging, and provides analysis of relevant case law.

Po Jen Yap (Author), Chien-Chih Lin (Author)

9781108831178, Cambridge University Press

Hardback, published 25 November 2021

250 pages
23.6 x 15.8 x 1.6 cm, 0.5 kg

'Linking politics and institutions to doctrine in an exemplary work of constitutional studies, Po Jen Yap and Chien-Chih Lin continue to make significant contributions to our understanding of constitutional law in East Asia by describing the ways in which constitutional courts in three major jurisdictions have accepted the doctrine of structured proportionality and developed an array of doctrinal tools to use when invalidating legislation.' Mark Tushnet, William Nelson Cromwell Professor of Law, Emeritus; Harvard Law School

This comparative study of the constitutional jurisprudence of three East Asian jurisdictions investigates how the rulings of the Constitutional Court of Taiwan, the Constitutional Court of Korea and the Hong Kong Court of Final Appeal have converged. The unique political contexts of all three jurisdictions have led to strong courts using the structured proportionality doctrine and innovative constitutional remedies to address human rights issues. Hong Kong, Taiwan, and South Korea have the only courts in Asia that regularly use a structured four-stage Proportionality Analysis to invalidate laws, and routinely apply innovative constitutional remedies such as Suspension Orders and Remedial Interpretation to rectify constitutionally flawed legislation. This volume explores how judges in these areas are affected by politics within their different constitutional systems. The latest developments in Asian constitutional law are covered, with detailed analysis of key cases.

1. Introduction
2. Reasons for convergence
3. Convergence on structured proportionality
4. Convergence on innovative constitutional remedies
5. Limits on convergence
6. Conclusion
Bibliography
Index.

Subject Areas: Public health & safety law [LNTJ], Constitutional & administrative law [LND], Public international law [LBB], Comparative law [LAM]