東アジアにみる憲法の収斂 Constitutional Convergence in East Asia

著者名：Yap, Po Jen/Lin, Chien-Chih

Cambridge University Press（2021/11/25発売）

• 言語：ENG
• ISBN：9781108831178
• eISBN：9781108924832

Description

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.

Table of Contents

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.