One Country Two Systems Three Legal Orders Perspectives Of Evolution

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One Country, Two Systems, Three Legal Orders - Perspectives of Evolution

Jorge Oliveira,Paulo Cardinal
One Country Two Systems Three Legal Orders Perspectives of Evolution Book PDF

Author : Jorge Oliveira,Paulo Cardinal
Publisher : Springer Science & Business Media
Page : 810 pages
File Size : 42,8 Mb
Release : 2009-07-21
Category : Law
ISBN : 9783540685722

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One Country, Two Systems, Three Legal Orders - Perspectives of Evolution by Jorge Oliveira,Paulo Cardinal Pdf

“One Country, Two Systems, Three Legal Orders” – Perspectives of Evolution – : Essays on Macau’s Autonomy after the Resumption of Sovereignty by China” can be said, in a short preamble-like manner, to be a book that provides a comprehensive look at several issues regarding public law that arise from, or correlate with, the Chinese apex motto for reunification – One Country, Two Systems – and its implementation in Macau and Hong Kong. Noble and contemporary themes such as autonomy models and fundamental rights are thoroughly approached, with a multilayered analysis encompassing both Western and Chinese views, and an extensive comparative law acquis is also brought forward. Furthermore, relevant issues on international law, criminal law, and historical and comparative evolutions and interactions of different legal s- tems are laid down in this panoramic, yet comprehensive book. One cannot but underline the presence, in the many approaches and comments, of a certain aura of a modern Kantian cosmopolitanism revisitation throughout the work, especially when dealing with the cardinal principle of «One Country, Two Systems», which enabled a peaceful and integral reunification ex vi international law – the Joint Declarations – that ended an external and distant control.

The Invisible Constitution in Comparative Perspective

Rosalind Dixon,Adrienne Stone
The Invisible Constitution in Comparative Perspective Book PDF

Author : Rosalind Dixon,Adrienne Stone
Publisher : Cambridge University Press
Page : 595 pages
File Size : 48,9 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.

Interregional Recognition and Enforcement of Civil and Commercial Judgments

Jie (Jeanne) Huang
Interregional Recognition and Enforcement of Civil and Commercial Judgments Book PDF

Author : Jie (Jeanne) Huang
Publisher : Bloomsbury Publishing
Page : 355 pages
File Size : 50,7 Mb
Release : 2014-11-01
Category : Law
ISBN : 9781782253723

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Interregional Recognition and Enforcement of Civil and Commercial Judgments by Jie (Jeanne) Huang Pdf

Judgment recognition and enforcement (JRE) between the US states, between EU Member States, and between mainland China, Hong Kong and Macao, are all forms of 'interregional JRE'. This extensive comparative study of the three most important JRE regimes focuses on what lessons China can draw from the US and the EU in developing a multilateral JRE arrangement for mainland China, Hong Kong and Macao.Mainland China, Hong Kong and Macao share economic, geographical, cultural, and historical proximity to one another. The policy of 'One Country, Two Systems' also provides a quasi-constitutional regime for the three regions. However, there is no multilateral JRE scheme among them, as there is in the US and the EU; and it is harder to recognise and enforce sister-region judgments in China than in the US and the EU. The book analyses the status quo of JRE in China and explores its insufficiencies; it proposes a multilateral JRE arrangement for Chinese regions to alleviate current JRE difficulties; and it also provides solutions for the macro and micro challenges of establishing a multilateral arrangement, drawing upon the rich literature on JRE regimes found in the US and the EU. ENDORSEMENTS 'Professor Huang has completed a highly readable and comprehensive study of the issues governing recognition and enforcement of judgments among the three distinct legal regimes of the People's Republic of China...Her ideas will surely enrich the Chinese debate as well as provide interesting scholarly material for non-Chinese seeking greater understanding of legal reform in the PRC'. Peter D Trooboff, Senior Counsel, Covington & Burling LLP, Washington DC, USA 'The book shows meticulous, analytical and comparative scholarship. Dr Huang's proposal of a multilateral arrangement makes an original and valuable contribution to the study of interregional judgment recognition and enforcement among Mainland China, Hong Kong, and Macao'. Renshan Liu, Professor and Dean, Law School of Zhongnan University of Economics and Law, China 'Dr Huang's timely work provides an insightful analysis of one of the more vexed aspects of the inter-regional legal relations in Greater China. Her careful investigation makes a valuable contribution to the academic and practical work on the recognition and enforcement of judgments between China and her two special administrative regions. The comparative approach she adopts represents the true utility of comparativism for legal scholarship'. Bing Ling, Professor of Chinese Law, Sydney Law School, Australia PREFACE AND FOREWORD Please click on the link below to read the preface and foreword: www.hartpub.co.uk/Huang_Preface_Foreword.pdf The book won the First Prize for Excellent Scholarship awarded by the China Society of Private International Law in 2015.

European Yearbook of Constitutional Law 2020

Ernst Hirsch Ballin,Gerhard van der Schyff,Maarten Stremler,Maartje De Visser
European Yearbook of Constitutional Law 2020 Book PDF

Author : Ernst Hirsch Ballin,Gerhard van der Schyff,Maarten Stremler,Maartje De Visser
Publisher : Springer Nature
Page : 345 pages
File Size : 51,5 Mb
Release : 2021-03-27
Category : Law
ISBN : 9789462654310

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European Yearbook of Constitutional Law 2020 by Ernst Hirsch Ballin,Gerhard van der Schyff,Maarten Stremler,Maartje De Visser Pdf

The European Yearbook of Constitutional Law (EYCL) is an annual publication devoted to the study of constitutional law. It aims to provide a forum for in-depth analysis and discussion of new developments in the field, both in Europe and beyond. This second volume examines the constitutional positioning of cities across space and time. Unrelenting urbanisation means that most people are, or soon will be, living in cities and that city administrations become, in many respects, their quintessential governing units. Cities are places where State power is operationalised and concretised; where laws and government policies transform from parchment objectives to practical realities. In a similar vein, cities are also places for the realisation of the constitutional rights and liberties enjoyed by individuals. The book is organised around three sets of relations that await further unpacking in theory as well as practice: that between cities and other institutions in the national constitutional architecture; that between cities and their inhabitants; and that between cities and international organisations. The contributions to this book show the marked diversity in the role and powers available to cities in Europe and beyond, and identify principles and approaches to help stipulate new ways of thinking about the legal role and relevance of cities going forward. Ernst Hirsch Ballin is distinguished university professor at Tilburg University and vice-dean for research of Tilburg Law School. Gerhard van der Schyff is associate professor at Tilburg Law School, Department of Public Law and Governance. Maarten Stremler is lecturer at Maastricht University, Faculty of Law, Department of Public Law. Maartje De Visser is associate professor at SMU School of Law, Singapore.

Routledge Handbook of Constitutional Law in Greater China

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

Author : Ngoc Son Bui,Stuart Hargreaves,Ryan Mitchell
Publisher : Taylor & Francis
Page : 517 pages
File Size : 46,7 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.

Comparative Policing from a Legal Perspective

Monica den Boer
Comparative Policing from a Legal Perspective Book PDF

Author : Monica den Boer
Publisher : Edward Elgar Publishing
Page : 496 pages
File Size : 50,7 Mb
Release : 2024-05-28
Category : Law enforcement
ISBN : 9781785369117

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Comparative Policing from a Legal Perspective by Monica den Boer Pdf

Public police forces are a regular phenomenon in most jurisdictions around the world, yet their highly divergent legal context draws surprisingly little attention. Bringing together a wide range of police experts from all around the world, this book provides an overview of traditional and emerging fields of public policing, New material and findings are presented with an international-comparative perspective, it is a must-read for students of policing, security and law and professionals in related fields.

The Changing Legal Orders in Hong Kong and Mainland China: Essays on “One Country, Two Systems”

Albert H.Y. Chen
The Changing Legal Orders in Hong Kong and Mainland China Essays on One Country Two Systems Book PDF

Author : Albert H.Y. Chen
Publisher : City University of HK Press
Page : 440 pages
File Size : 47,6 Mb
Release : 2021-03
Category : Law
ISBN : 9789629374501

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The Changing Legal Orders in Hong Kong and Mainland China: Essays on “One Country, Two Systems” by Albert H.Y. Chen Pdf

This collection of selected works by Professor Albert H.Y. Chen shows the contours of the author’s scholarship as it developed over 35 years of his academic career, from 1984 to the present. The essays are divided into three sections which cover the three major domains of Professor Chen’s research. Part I covers the legal developments and controversies of “One Country, Two Systems” since the Hong Kong interpretation on “the right of abode” in 1999 to the anti-extradition movement of 2019. Part II shifts to focus on tradition and modernity in Chinese Law, including China’s Confucian and Legalist traditions and how the socialist legal system in China evolved and modernized in the era of “reform and opening”. Part III examines the transplantation of Western thinking and constitutionalism to East Asia in modern times and discusses the achievements and failures of these efforts. In conjunction with an introductory chapter that sets out the basic orientation and paradigm of these legal and constitutional studies and an epilogue that reflects on the main themes, this collection exemplifies the author’s important contributions to the field and provides insight into how the legal orders in Hong Kong and mainland China have changed over the course of Professor Chen’s academic career.

Sub-State Governance through Territorial Autonomy

Markku Suksi
Sub State Governance through Territorial Autonomy Book PDF

Author : Markku Suksi
Publisher : Springer Science & Business Media
Page : 685 pages
File Size : 42,7 Mb
Release : 2011-07-17
Category : Law
ISBN : 9783642200489

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Sub-State Governance through Territorial Autonomy by Markku Suksi Pdf

This study focuses on territorial autonomy, which is often used in different conflict-resolution and minority situations. Four typical elements are identified on the basis of the historical example of the Memel Territory and the so-called Memel case of the PCIJ; distribution of powers, participation through elections and referendums, executive power of territorial autonomy, and international relations. These elements are used for a comparative analysis of the constitutional law that regulates the position of six currently existing special jurisdictions, the Åland Islands in Finalnd, Scotland in the United Kingdom, Puerto Rico in the United States of America, Hong Kong in China, Aceh in Indonesia and Zanzibar in Tanzania. The current sub-state entities examined can be arranged in relation to Memel in a manner that indicates that Hong Kong and the Åland conform to the typical territorial autonomy, while Puerto Rico and Aceh should probably not be understood as territorial autonomies proper. At the same time, the territorial autonomies can be distinguished from federally organized sub-state entities.

The Cambridge Handbook of Foreign Judges on Domestic Courts

Anna Dziedzic,Simon N. M. Young
The Cambridge Handbook of Foreign Judges on Domestic Courts Book PDF

Author : Anna Dziedzic,Simon N. M. Young
Publisher : Cambridge University Press
Page : 907 pages
File Size : 48,5 Mb
Release : 2023-10-31
Category : Law
ISBN : 9781009116183

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The Cambridge Handbook of Foreign Judges on Domestic Courts by Anna Dziedzic,Simon N. M. Young Pdf

This Handbook presents a comparative study of foreign judges on domestic courts, examining the practice and its implications for adjudication, judicial identity and judicial independence and accountability. The Handbook will interest scholars of comparative law and judicial studies, as well as judges, lawyers and historians.

China/Taiwan

Shirley A. Kan
China Taiwan Book PDF

Author : Shirley A. Kan
Publisher : DIANE Publishing
Page : 86 pages
File Size : 55,8 Mb
Release : 2011
Category : History
ISBN : 9781437988086

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China/Taiwan by Shirley A. Kan Pdf

Despite apparently consistent statements in 4 decades, the U.S. ¿one China¿ policy concerning Taiwan remains somewhat ambiguous and subject to different interpretations. Apart from questions about what the ¿one China¿ policy entails, issues have arisen about whether U.S. Presidents have stated clear positions and have changed or should change policy, affecting U.S. interests in security and democracy. Contents of this report: (1) U.S. Policy on ¿One China¿: Has U.S. Policy Changed?; Overview of Policy Issues; (2) Highlights of Key Statements by Washington, Beijing, and Taipei: Statements During the Admin. of Nixon, Ford, Carter, Reagan, George H. W. Bush, Clinton, George W. Bush, Clinton, and Obama. A print on demand report.

Religious Rights within the Family

Esther Erlings
Religious Rights within the Family Book PDF

Author : Esther Erlings
Publisher : Routledge
Page : 433 pages
File Size : 53,7 Mb
Release : 2019-07-05
Category : Law
ISBN : 9781351684521

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Religious Rights within the Family by Esther Erlings Pdf

It is often asserted that ‘A family that prays together, stays together’. But what if a child no longer wishes to pray? This book analyses the law in relation to situations where parents force their children to manifest the parental religion. From thorough examination of international law it argues that, unlike what is generally believed, the human rights regime does not grant parents a right to impose manifestations of their religion on their children. Instead, the author proposes to regard coerced manifestations as a limitation on children’s right to freedom of manifestation, based on national laws that give parents rights at the domestic level under principles such as parental responsibility. The book focuses on two aspects of States’ positive obligations in this regard. First, the obligation to provide a regulatory framework that can protect children’s right to freedom of manifestation, and restricts limitations to those that are proportionate or 'necessary in a democratic society'. Second, to provide access to remedies, which it is argued should consist of access to a family-friendly infrastructure for dispute resolution available to parents and children in conflict over religious manifestation. Both depend heavily on the way States balance power between parents and children at the national level. The book includes three case studies and social research of jurisdictions that offer different perspectives under the principles of parental authority (France), parental responsibility (England) and parental rights (Hong Kong).

Hybrid Constitutionalism

Eric C. Ip
Hybrid Constitutionalism Book PDF

Author : Eric C. Ip
Publisher : Cambridge University Press
Page : 301 pages
File Size : 51,5 Mb
Release : 2019-04-25
Category : Law
ISBN : 9781107194922

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Hybrid Constitutionalism by Eric C. Ip Pdf

Examines the political dynamics of constitutional review in hybrid regimes in the context of China's Special Administrative Regions.

The Principles of BRICS Contract Law

Salvatore Mancuso,Mauro Bussani
The Principles of BRICS Contract Law Book PDF

Author : Salvatore Mancuso,Mauro Bussani
Publisher : Springer Nature
Page : 444 pages
File Size : 46,6 Mb
Release : 2022-08-09
Category : Law
ISBN : 9783031008443

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The Principles of BRICS Contract Law by Salvatore Mancuso,Mauro Bussani Pdf

This book examines national reports on contract law in each of the BRICS countries (Brazil, Russia, India, China and South Africa) in order to provide a comparative analysis. It then establishes common principles, where possible, as well as a set of general “soft law” principles governing international commercial contracts in these countries. The importance of commercial transactions in the BRICS countries is rapidly growing, yet differences in contract law among these countries can lead to misunderstandings and disputes. The rapid development of the BRICS instruments (and the legal implications of their use) suggests the need to address common legal issues that could harm the continued development of the BRICS economies. Contract law represents one of the core areas in which this process can take place. Addressing the salient legal issues within the BRICS discourse requires a comprehensive, comparative approach that explores the different solutions provided by each member country, in order to identify similarities and convergences. This process may ultimately help to reduce the legal obstacles to, and indirect costs of, cross-border transactions by offering a transparent and predictable legal environment for any future attempt at adopting common legal instruments.

Executive Clemency

Daniel Pascoe,Andrew Novak
Executive Clemency Book PDF

Author : Daniel Pascoe,Andrew Novak
Publisher : Routledge
Page : 232 pages
File Size : 52,6 Mb
Release : 2020-07-30
Category : Law
ISBN : 9781000082258

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Executive Clemency by Daniel Pascoe,Andrew Novak Pdf

Nearly every country in the world has a mechanism for executive clemency, which, though residual in most legal systems, serves as a vital due process safeguard and as an outlet for leniency in punishment. While the origins of clemency lie in the historical prerogative powers of once-absolute rulers, modern clemency laws and practices have evolved to be enormously varied. This volume brings comparative and empirical analysis to bear on executive clemency, building a sociological and political context around systematically-collected data on clemency laws, grants, and decision-making. Some jurisdictions have elaborate constitutional and legal structures for pardoning or commuting a sentence while virtually never doing so, while others have little formal process and yet grant clemency frequently. Using examples from Asia, Europe, Latin America, the Caribbean, and the USA, this comparative analysis of the law and the practice of clemency sheds light on a frequently misunderstood executive power. This book builds on existing academic scholarship and expands the limited geographical scope of prior research, which has tended to focus on North America, the UK, and Australia. It relays the latest state of knowledge on the topic and employs case studies, doctrinal legal analysis, historical research, and statements by clemency decision-making authorities, in explaining why clemency varies so considerably across global legal and political systems. In addition, it includes contributions encompassing international law, transitional justice, and innocence and wrongful convictions, as well as on jurisdictions that are historically under-researched. The book will be of value to practitioners, academics, and students interested in the fields of human rights, criminal law, comparative criminal justice, and international relations.

Routledge Handbook of Contemporary Hong Kong

Tai-lok Lui,Stephen W.K. Chiu,Ray Yep
Routledge Handbook of Contemporary Hong Kong Book PDF

Author : Tai-lok Lui,Stephen W.K. Chiu,Ray Yep
Publisher : Routledge
Page : 638 pages
File Size : 50,8 Mb
Release : 2018-07-17
Category : Political Science
ISBN : 9781317337362

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Routledge Handbook of Contemporary Hong Kong by Tai-lok Lui,Stephen W.K. Chiu,Ray Yep Pdf

When Britain and China negotiated the future of Hong Kong in the early 1980s, their primary concern was about maintaining the status quo. The rise of China in the last thirty years, however, has reshaped the Beijing-Hong Kong dynamic as new tensions and divisions have emerged. Thus, post-1997 Hong Kong is a case about a global city’s democratic transition within an authoritarian state. The Routledge Handbook of Contemporary Hong Kong introduces readers to these key social, economic, and political developments. Bringing together the work of leading researchers in the field, it focuses on the process of transition from a British colony to a Special Administrative Region under China’s sovereign rule. Organized thematically, the sections covered include: ‘One Country, Two Systems’ in practice Governance in post-colonial Hong Kong Social mobilization The changing social fabric of Hong Kong society Socio-economic development and regional integration The future of Hong Kong. This book provides a thorough introduction to Hong Kong today. As such, it will be invaluable to students and scholars of Hong Kong’s politics, culture and society. It will also be of interest to those studying Chinese political development and the impact of China’s rise more generally.