Show all news items

Dr Ming-Sung Kuo cited by the Supreme Court of Canada

Dr Ming-Sung Kuo鈥檚 paper 鈥樷�� (36 UCLA Pacific Basin Law Journal 157-200 (2019)) was cited by the Supreme Court of Canada in ([2021] SCC 48).

Drawing on the case law of the through the comparative lens of the civilian vis-脿-vis the common law tradition, the paper closely examines the varieties of remedial grace period (suspension order) employed in constitutional adjudication and further advances the idea of unconstitutionality management centring on the distinction between constitutional validity of legislation and consequences of unconstitutional legislation. 

In R. v. Albashir, a judgement concerning the applicability of a suspended declaration of unconstitutionality to a criminal conviction, Justice Andromache Karakatsanis cited Dr Kuo鈥檚 paper approvingly in laying down 鈥榯he conceptual distinction between the legal findings as to the constitutional validity of a law and the particular relief ordered鈥� at paragraph 64.   

Mon 06 Jun 2022, 10:00 | Tags: Impact, Publication, Research, Staff in action