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[25WashIntlLJ0421] Constitutional Fig Leaves in Asia

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dc.contributor.author Yap, Po Jen
dc.date.accessioned 2016-12-13T17:41:02Z
dc.date.available 2016-12-13T17:41:02Z
dc.date.issued 2016-06
dc.identifier.citation 25 WASH. INT'L. L.J. 421 (2016) en_US
dc.identifier.issn 2377-0872
dc.identifier.uri http://hdl.handle.net/1773.1/1627
dc.description Washington International Law Journal, Volume 25, Number 3, June 2016 en_US
dc.description.abstract (Dr.) Po Jen Yap; Associate Professor, University of Hong Kong. Abstract: Constitutional landscapes in Asia are littered with fig leaves. These proverbial fig leaves are legal principles, doctrines, and theories of interpretation that judges appeal to when resolving constitutional disputes. This article uncovers and examines three constitutional fig leaves that are prevalent and flourishing in Asia: 1) formalism and its conceptual variants; 2) the exercise of judicial review that is merely symbolic; and 3) the invocation of vacuous constitutional doctrines. This article further argues that judicial recourse to fig leaves is not intended to deceive anyone about what courts are doing; the fig leaves are on public display merely to demonstrate that judges accept the role they are expected to play within their political systems. For better or worse, it would appear that Asian judges believe that these fig leaves are necessary to legitimize their actions, and, insofar as Asian judges are doing very little, these legal loin-cloths are vital to preserve judges’ modesties. en_US
dc.language.iso en_US en_US
dc.publisher Washington International Law Journal Association, University of Washington School of Law, Seattle, Washington en_US
dc.subject Asian Courts and the Constitutional Politics of the Twenty-First Century en_US
dc.subject Article en_US
dc.title [25WashIntlLJ0421] Constitutional Fig Leaves in Asia en_US
dc.title.alternative Constitutional Fig Leaves in Asia en_US
dc.type Article en_US
dc.rights.holder Compilation © 2016 Washington International Law Journal Association en_US

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