New Democracies and Novel Remedies

Abstract

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.