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Constitutional Dialogue in Common Law Asia$
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Po Jen Yap

Print publication date: 2015

Print ISBN-13: 9780198736370

Published to Oxford Scholarship Online: October 2015

DOI: 10.1093/acprof:oso/9780198736370.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 20 September 2021

Conclusion

Conclusion

Chapter:
(p.223) 10 Conclusion
Source:
Constitutional Dialogue in Common Law Asia
Author(s):

Po Jen Yap

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198736370.003.0010

This chapter concludes the book. It notes that each sub-constitutional tool, as discussed in the proceeding chapters, may be placed on different points of a spectrum that measures the ‘robustness’ of the judicial review associated with its deployment, yet every one of them is dialogic in nature as each of them leaves legislative space, to varying degrees, for the lawmakers to respond actively, as opposed to merely passively yielding, to the judiciary’s determination of rights. It is emphasized that this constitutional dialogue between the co-ordinate branches of government should be viewed as a constitutional blessing, and not a bane, for it conjoins the best in both statecraft and adjudication.

Keywords:   dialogic judicial review, Hong Kong, Malaysia, Singapore, sub-constitutional rules, common law Asia

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