SSRN Electronic Journal · 2017 · 29 citations · 0 references
Open access
LawConstitutional LawJurisprudenceConstitutional RemediesJudicial ReviewLawmakingConstitutional AdjudicationConstitutional EnforcementJudicial PolicymakingRemedial Powers Of CourtsRemedies In Constitutional CasesRemedies In Judicial ReviewConstitutional Remedies DesignCourt-power RelationsImplementation Of Court RemediesJudicial EngagementJudicial Policy-makingProspective Constitutional RemediesRemedies For Constitutional ViolationsSuspension Orders
Discusses the novel constitutional remedies adopted by courts in emerging democracies to ensure the Government's observance of the law. Reviews, with reference to case law, the approach of courts in South Africa, India and Hong Kong to: (1) the granting of engagement orders; (2) the making of suspension orders with 'bite'; and (3) the making of judicial directives in response to political incompetence or intransigence.