Hong Kong S New Constitutional Order

Author : Yash Ghai
Publisher : Hong Kong University Press
Page : 608 pages
File Size : 51,7 Mb
Release : 1997-05-01
Category : Law
ISBN : 9789622094635

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Hong Kong's New Constitutional Order by Yash Ghai Pdf

This is the first systematic analysis of the constitutional, legal, economic, social and political systems of Hong Kong as a special administrative region of China. It examines the Basic Law against its historical and socio-economic contexts, including its international and domestic foundations, and the loss and the resumption of sovereignty by China. The author offers a conceptualization of the Basic Law and locates it within China's constitutional, political and legal systems. The book explores the balance as well as the tensions between the autonomy of Hong Kong and the sovereignty of China, which are aggravated by the necessity to accommodate contrasting economic and political systems. It also identifies key legal and political problems that are likely to arise in implementing the Basic Law and suggests an approach to its interpretation. The Basic Law provides a fascinating example of the interaction of widely different traditions of law, politics and economy, and a novel system of autonomy. Its study is therefore of great interest to scholars of comparative law and politics. This new edition covers significant political, constitutional and legal developments since the transfer of sovereignty in July 1997.

Author : H. Fu,L. Harris,S. Young
Publisher : Springer
Page : 265 pages
File Size : 47,7 Mb
Release : 2007-12-25
Category : Political Science
ISBN : 9780230610361

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Interpreting Hong Kong’s Basic Law: The Struggle for Coherence by H. Fu,L. Harris,S. Young Pdf

On July 1, 2007, Hong Kong celebrated its tenth anniversary as a special administrative region of China. It also marked the first decade of its unique constitutional order in which Hong Kong courts continue to apply and develop the common law but the power of final interpretation of the constitution lies with the Standing Committee of the National People's Congress. This book is a collection of chapters by leading constitutional law experts in Hong Kong who examine the interpretive issues and conflicts which have arisen since 1997. Intervention by China in constitutional interpretation has been restrained but each intervention has had significant political and jurisprudential impact. The authors give varied assessments of the struggle for interpretive coherence in the coming decade.

Author : Hongyi Chen
Publisher : Unknown
Page : 37 pages
File Size : 44,7 Mb
Release : 2001
Category : Constitutional law
ISBN : OCLC:51788213

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Hong Kong's Legal System in the New Constitutional Order by Hongyi Chen Pdf

Author : Danny Gittings
Publisher : Unknown
Page : 0 pages
File Size : 47,5 Mb
Release : 2016
Category : Common law
ISBN : 9888208373

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Introduction to the Hong Kong Basic Law by Danny Gittings Pdf

"The Hong Kong Basic Law is the constitutional document which sets out the general policies and system of government for Hong Kong under the 'one country, two systems' formula. It promises Hong Kong a high degree of autonomy, seeks to preserve a separate common law system with an independent judiciary, and guarantees a long list of rights and freedoms...This book traces the origins of the Hong Kong Basic Law and analyzes its content, especially in relation to Hong Kong's political system, the judiciary, and human rights. It is required reading for students on a wide range of courses in law, politics, and other disciplines, from sub-degree through to undergraduate and postgraduate level as well as professional examinations...The second edition has been updated...to discuss important new developments, including the implications of the mass street protests known as the Umbrella Movement, and adds a new concluding chapter on the future of 'one country, two systems.'"--

Author : Peter Wesley-Smith
Publisher : Butterworth-Heinemann
Page : 408 pages
File Size : 47,6 Mb
Release : 1988
Category : Law
ISBN : STANFORD:36105044228125

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The Basic Law and Hong Kong's Future by Peter Wesley-Smith Pdf

Author : Ngoc Son Bui,Stuart Hargreaves,Ryan Mitchell
Publisher : Taylor & Francis
Page : 517 pages
File Size : 55,8 Mb
Release : 2022-12-29
Category : Law
ISBN : 9781000800579

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Routledge Handbook of Constitutional Law in Greater China by Ngoc Son Bui,Stuart Hargreaves,Ryan Mitchell Pdf

The Handbook of Constitutional Law in Greater China surveys important issues of constitutional law in Mainland China, Hong Kong, Macau, and Taiwan. It synthesizes existing scholarship, debates, and views on important constitutional issues in the four jurisdictions. Written by a range of scholars, it contributes to both national and comparative scholarship on constitutional law in these jurisdictions. The book includes four parts: Part I: History. This part explores the constitutional movement of the Qing dynasty; constitutional projects in modern China; and aspects of the drafting and implementation history of the Hong Kong and Macau Basic Laws Part II: Structure. This part discusses the relationship between the party-state and the Chinese constitutional order; Chinese constitutionalism; constitutional aspects of city development under the SAR concept; constitutional review in Mainland China; a history of Taiwan’s ‘Council of Grand Justices’; and judicial review in both Hong Kong and Macau Part III: Rights, Society, and Economy. This part deals with Hong Kong’s National Security Law and its impact on the ‘one country, two systems model’; social movements and constitutionalism; LGBT rights advocacy; the integration of capitalist regions within socialist China; the constitutional relevance of labour reforms in Mainland China; healthcare rights in both the Mainland and the SARS; and foreign investment under Art. 18 of the PRC Constitution Part IV: Transnational Engagement. This part surveys comparative writings on China’s constitution; the influence of international human rights treaties on China’s constitutional order; the international dimension of Hong Kong’s constitutional order; and the changing role of the ‘overseas judges’ in Hong Kong Exploring both historical and cutting-edge constitutional issues, this reference book is important reading for law researchers, lawyers, graduate students, undergraduates, and practitioners in the field of constitutional law and politics in Mainland China, Taiwan, Hong Kong, and Macau.

Author : Rosalind Dixon,Adrienne Stone
Publisher : Cambridge University Press
Page : 595 pages
File Size : 52,6 Mb
Release : 2018-11-08
Category : Law
ISBN : 9781108417570

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The Invisible Constitution in Comparative Perspective by Rosalind Dixon,Adrienne Stone Pdf

Constitutions worldwide inevitably have 'invisible' features: they have silences and lacunae, unwritten or conventional underpinnings, and social and political dimensions not apparent to certain observers. This contributed volume will help its wide audience including scholars, students, and practitioners understand the dimensions to contemporary constitutions, and their role in the interpretation, legitimacy and stability of different constitutional systems.

Author : Jiang Qing
Publisher : Princeton University Press
Page : 267 pages
File Size : 55,5 Mb
Release : 2012-10-28
Category : Political Science
ISBN : 9781400844845

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A Confucian Constitutional Order by Jiang Qing Pdf

What a Confucian constitutional government might look like in China's political future As China continues to transform itself, many assume that the nation will eventually move beyond communism and adopt a Western-style democracy. But could China develop a unique form of government based on its own distinct traditions? Jiang Qing—China's most original, provocative, and controversial Confucian political thinker—says yes. In this book, he sets out a vision for a Confucian constitutional order that offers a compelling alternative to both the status quo in China and to a Western-style liberal democracy. A Confucian Constitutional Order is the most detailed and systematic work on Confucian constitutionalism to date. Jiang argues against the democratic view that the consent of the people is the main source of political legitimacy. Instead, he presents a comprehensive way to achieve humane authority based on three sources of political legitimacy, and he derives and defends a proposal for a tricameral legislature that would best represent the Confucian political ideal. He also puts forward proposals for an institution that would curb the power of parliamentarians and for a symbolic monarch who would embody the historical and transgenerational identity of the state. In the latter section of the book, four leading liberal and socialist Chinese critics—Joseph Chan, Chenyang Li, Wang Shaoguang, and Bai Tongdong—critically evaluate Jiang's theories and Jiang gives detailed responses to their views. A Confucian Constitutional Order provides a new standard for evaluating political progress in China and enriches the dialogue of possibilities available to this rapidly evolving nation. This book will fascinate students and scholars of Chinese politics, and is essential reading for anyone concerned about China's political future.

Author : Raymond Wacks
Publisher : Unknown
Page : 0 pages
File Size : 50,8 Mb
Release : 1999
Category : Constitutional law
ISBN : 9622095089

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The New Legal Order in Hong Kong by Raymond Wacks Pdf

As Hong Kong enters its third year under Chinese rule, the prognosis for the common law remains uncertain. Can the improbable doctrine of 'one country, two systems' be made to work? Will the political controversies that continue to bedevil the territory u

Author : Guobin Zhu,Mark Kielsgard,Surya Deva
Publisher : City University of HK Press
Page : 716 pages
File Size : 53,8 Mb
Release : 2021-07-01
Category : Law
ISBN : 9789629376154

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Constitutional Law and Human Rights in Hong Kong—A Sourcebook by Guobin Zhu,Mark Kielsgard,Surya Deva Pdf

The context in which constitutional laws and human rights instruments are read is ever-changing, and this is particularly true for the Hong Kong Special Administrative Region. To understand the application of both national and local legislation and internationally recognized covenants, it is essential to be well acquainted with the documents themselves. Constitutional Law and Human Rights in Hong Kong—A Sourcebook is a one-stop resource for teaching, learning, and researching constitutional law and human rights in Hong Kong. As a handbook of teaching materials suitable for undergraduate and postgraduate studies, it is an indispensable tool for courses such as Hong Kong Constitutional Law, Basic Law, Public Law of Hong Kong, The Law of Human Rights of Hong Kong, International Human Rights Law, International Criminal Law, International Labour Law, Law and Gender, International Environmental Law, Business and Human Rights, and Discrimination Law. Moreover, it is equally useful for teaching and research in the fields of political science, business, and other social sciences. • Up-to-date legislation • Condensed into a single volume • An essential teaching and reference guide • Applicable across multiple legal fields

Author : Marco Wan
Publisher : Cambridge University Press
Page : 191 pages
File Size : 53,9 Mb
Release : 2021-02-04
Category : Law
ISBN : 9781108495776

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Film and Constitutional Controversy by Marco Wan Pdf

Constructs an original dialogue between constitutional law, film, and identity by using Hong Kong as a case study.

Author : Po Jen Yap,Chien-Chih Lin
Publisher : Cambridge University Press
Page : 213 pages
File Size : 40,7 Mb
Release : 2021-11-25
Category : Law
ISBN : 9781108831178

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Constitutional Convergence in East Asia by Po Jen Yap,Chien-Chih Lin Pdf

Explains why the constitutional jurisprudence of Hong Kong, Taiwan, and South Korea is converging, and provides analysis of relevant case law.

Author : Michael Davis
Publisher : Unknown
Page : 128 pages
File Size : 48,9 Mb
Release : 2020-10
Category : Electronic
ISBN : 1952636132

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Making Hong Kong China by Michael Davis Pdf

How can one of the world's most free-wheeling cities transition from a vibrant global center of culture and finance into a subject of authoritarian control?As Beijing's anxious interference has grown, the "one country, two systems" model China promised Hong Kong has slowly drained away in the yearssince the 1997 handover. As "one country" seemed set to gobble up "two systems," the people of Hong Kong riveted the world's attention in 2019 by defiantly demanding the autonomy, rule of law and basic freedoms they were promised. In 2020, the new National Security Law imposed by Beijing aimed to snuff out such resistance. Will the Hong Kong so deeply held in the people's identity and the world's imagination be lost? Professor Michael Davis, who has taught human rights and constitutional law in this city for over three decades, and has been one of its closest observers, takes us on this constitutional journey.

Author : Michael C. Davis
Publisher : Springer
Page : 226 pages
File Size : 52,8 Mb
Release : 2016-01-03
Category : Political Science
ISBN : 9781349203956

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Constitutional Confrontation in Hong Kong by Michael C. Davis Pdf

An examination of China's accommodation of Western constitutional values, in the light of the pending return of British Hong Kong to China. The Joint Declaration which governs the return guarantees a continuance of these values, and this study looks at the resulting tensions between East and West.

Author : Simon N. M. Young,Yash Ghai
Publisher : Cambridge University Press
Page : 739 pages
File Size : 40,7 Mb
Release : 2014
Category : Law
ISBN : 9781107011212

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Hong Kong's Court of Final Appeal by Simon N. M. Young,Yash Ghai Pdf

In the years since it was established on 1 July 1997, Hong Kong's Court of Final Appeal has developed a distinctive body of new law and doctrine with the help of eminent foreign common law judges. Under the leadership of Chief Justice Andrew Li, it has also remained independent under Chinese sovereignty and become a model for other Asian final courts working to maintain the rule of law, judicial independence and professionalism in challenging political environments. In this book, leading practitioners, jurists and academics examine the Court's history, operation and jurisprudence, and provide a comparative analysis with European courts and China's other autonomous final court in Macau. It also makes use of extensive empirical data compiled from the jurisprudence to illuminate the Court's decision-making processes and identify the relative impacts of the foreign and local judges.