Dr Ming-Sung Kuo’s paper ‘Between Choice and Tradition: Rethinking Remedial Grace Periods and Unconstitutionality Management in a Comparative Light’ (36 UCLA Pacific Basin Law Journal 157-200 (2019)) was cited by the Supreme Court of Canada in R. v. Albashir ([2021] SCC 48).

Drawing on the case law of the Taiwan Constitutional Court through the comparative lens of the civilian vis-à-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’s paper approvingly in laying down ‘the conceptual distinction between the legal findings as to the constitutional validity of a law and the particular relief ordered’ at paragraph 64.