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Constitutional Dialogue in Common Law Asia
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Constitutional Dialogue in Common Law Asia

Po Jen Yap

Abstract

Constitutional dialogue is a distinct form of institutional interaction whereby the pursuit of legislative goals can be constructively altered, but not foreclosed, by judicial input into the lawmaking process. Even though the respective constitutions of Hong Kong, Malaysia, and Singapore do not provide for structural devices that enable the local legislatures to reverse a constitutional decision, except via a constitutional amendment, their courts can and do apply dialogic canons of interpretation that can foster a debate with the political branches of government. Dialogic review is also more ... More

Keywords: dialogic judicial review, constitutional review, Hong Kong, Malaysia, Singapore, judicial techniques, freedom of expression, freedom of religion, right to equality, due process

Bibliographic Information

Print publication date: 2015 Print ISBN-13: 9780198736370
Published to Oxford Scholarship Online: October 2015 DOI:10.1093/acprof:oso/9780198736370.001.0001

Authors

Affiliations are at time of print publication.

Po Jen Yap, author
Associate Professor, The University of Hong Kong