Routledge Handbook Of Constitutional Law In Greater China

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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 : 48,5 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.

Constitutional Law in China

Xu Chongde,Niu Wenzhan
Constitutional Law in China Book PDF

Author : Xu Chongde,Niu Wenzhan
Publisher : Kluwer Law International B.V.
Page : 160 pages
File Size : 51,8 Mb
Release : 2019-02-14
Category : Law
ISBN : 9789403507323

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Constitutional Law in China by Xu Chongde,Niu Wenzhan Pdf

Derived from the renowned multi-volume International Encyclopaedia of Laws, this very useful analysis of constitutional law in China provides essential information on the country’s sources of constitutional law, its form of government, and its administrative structure. Lawyers who handle transnational matters will appreciate the clarifications of particular terminology and its application. Throughout the book, the treatment emphasizes the specific points at which constitutional law affects the interpretation of legal rules and procedure. Thorough coverage by a local expert fully describes the political system, the historical background, the role of treaties, legislation, jurisprudence, and administrative regulations. The discussion of the form and structure of government outlines its legal status, the jurisdiction and workings of the central state organs, the subdivisions of the state, its decentralized authorities, and concepts of citizenship. Special issues include the legal position of aliens, foreign relations, taxing and spending powers, emergency laws, the power of the military, and the constitutional relationship between church and state. Details are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for both practising and academic jurists. Lawyers representing parties with interests in China will welcome this guide, and academics and researchers will appreciate its value in the study of comparative constitutional law.

Routledge Handbook of Asian Law

Christoph Antons
Routledge Handbook of Asian Law Book PDF

Author : Christoph Antons
Publisher : Taylor & Francis
Page : 447 pages
File Size : 41,6 Mb
Release : 2016-11-03
Category : Law
ISBN : 9781317337409

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Routledge Handbook of Asian Law by Christoph Antons Pdf

Law and legal institutions in East Asia's high-growth episodes -- Conclusion: East Asia, law and development, and today's developing countries -- Chapter 4: A new China model for the era post global financial crisis: Legal dimensions -- Introduction -- The East Asian model, its progeny and their problems -- The emerging post Washington, post Beijing consensus (PWBC) -- Implications of the PWBC for the China model -- The decision in light of the PWBC -- The implications of the decision for legal reforms -- Conclusion

Constitutional Law in China

Chongde Xu,Wenzhan Niu
Constitutional Law in China Book PDF

Author : Chongde Xu,Wenzhan Niu
Publisher : Unknown
Page : 0 pages
File Size : 53,6 Mb
Release : 2016
Category : Constitutional law
ISBN : 9041168508

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Constitutional Law in China by Chongde Xu,Wenzhan Niu Pdf

Derived from the renowned multi-volume International Encyclopaedia of Laws, this very useful analysis of constitutional law in China provides essential information on the countryandrsquo;s sources of constitutional law, its form of government, and its administrative structure. Lawyers who handle transnational matters will appreciate the clarifications of particular terminology and its application. Throughout the book, the treatment emphasizes the specific points at which constitutional law affects the interpretation of legal rules and procedure. Thorough coverage by a local expert fully describes the political system, the historical background, the role of treaties, legislation, jurisprudence, and administrative regulations. The discussion of the form and structure of government outlines its legal status, the jurisdiction and workings of the central state organs, the subdivisions of the state, its decentralized authorities, and concepts of citizenship. Special issues include the legal position of aliens, foreign relations, taxing and spending powers, emergency laws, the power of the military, and the constitutional relationship between church and state. Details are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for both practising and academic jurists. Lawyers representing parties with interests in China will welcome this guide, and academics and researchers will appreciate its value in the study of comparative constitutional law. andnbsp; andnbsp;

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 : 48,9 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.

The Road to the Rule of Law in Modern China

Quanxi Gao,Wei Zhang,Feilong Tian
The Road to the Rule of Law in Modern China Book PDF

Author : Quanxi Gao,Wei Zhang,Feilong Tian
Publisher : Springer
Page : 171 pages
File Size : 41,5 Mb
Release : 2015-01-27
Category : Law
ISBN : 9783662456378

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The Road to the Rule of Law in Modern China by Quanxi Gao,Wei Zhang,Feilong Tian Pdf

This book is a grand review of the centurial development of rule of law in China. It covers the most important issues in this area and presents “political constitution,” a new interpretative framework that allows the Chinese experience of rule of law to be more fully and correctly expressed. It is especially useful to scholars involved in the study of modern China. The main chapters of this book include: The Constituent Movement in the Late Qing Dynasty; The Xinhai (1911) Revolution; Constitution-making at the Beginning of the Republic of China; The Great Revolution in the 1920s; The Rise of the Party State and its Transition; The Founding of 1949 New China and its Early Constitutional Development; and The Dualist System of Rule of Law in the Reforming Times.

Constitutional Law in Hong Kong

Anton Cooray
Constitutional Law in Hong Kong Book PDF

Author : Anton Cooray
Publisher : Kluwer Law International B.V.
Page : 594 pages
File Size : 44,5 Mb
Release : 2022-10-20
Category : Law
ISBN : 9789403545240

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Constitutional Law in Hong Kong by Anton Cooray Pdf

Derived from the renowned multi-volume International Encyclopaedia of Laws, this very useful analysis of constitutional law in Hong Kong provides essential information on the country’s sources of constitutional law, its form of government, and its administrative structure. Lawyers who handle transnational matters will appreciate the clarifications of particular terminology and its application. Throughout the book, the treatment emphasizes the specific points at which constitutional law affects the interpretation of legal rules and procedure. Thorough coverage by a local expert fully describes the political system, the historical background, the role of treaties, legislation, jurisprudence, and administrative regulations. The discussion of the form and structure of government outlines its legal status, the jurisdiction and workings of the central state organs, the subdivisions of the state, its decentralized authorities, and concepts of citizenship. Special issues include the legal position of aliens, foreign relations, taxing and spending powers, emergency laws, the power of the military, and the constitutional relationship between church and state. Details are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for both practising and academic jurists. Lawyers representing parties with interests in Hong Kong will welcome this guide, and academics and researchers will appreciate its value in the study of comparative constitutional law.

Development of the Constitutions in China and the Visegrad States

Lu Da
Development of the Constitutions in China and the Visegrad States Book PDF

Author : Lu Da
Publisher : Unknown
Page : 0 pages
File Size : 53,8 Mb
Release : 2021
Category : Electronic
ISBN : 9811656371

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Development of the Constitutions in China and the Visegrad States by Lu Da Pdf

This book deals with the development of constitutional law in China and Visegrad states by employing a comparative perspective. It is the first time that the researcher compared the constitutional development in the China and the Visegrad states. It offers a few glimpses of development of constitution in the (former) socialist states to readers who are interested in the constitutional law or China-V4 relations. With the increased cooperation between China and V4 countries, this book gives the undergraduates in the university to think about the BRI and 17+1 network from a Chinese perspective. Last, compared to the previous works which mainly focus on North America and/or Western Europe, this book provides a new angle on comparative constitutional law.

Hong Kong's New Constitutional Order

Yash Ghai
Hong Kong s New Constitutional Order Book PDF

Author : Yash Ghai
Publisher : Hong Kong University Press
Page : 637 pages
File Size : 48,7 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.

Building the Rule of Law in China

Weidong Ji
Building the Rule of Law in China Book PDF

Author : Weidong Ji
Publisher : Routledge
Page : 202 pages
File Size : 53,6 Mb
Release : 2017-12-12
Category : Law
ISBN : 9781351613088

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Building the Rule of Law in China by Weidong Ji Pdf

After thirty years of Mao era (1949-1979) which was struggle-based, the Communist Party of China has begun to change its position as a pioneering revolutionary party, evolving into a universal ruling party that transcends class interests. Meanwhile, administrative and judicial reforms oriented toward a more efficient, serving government and the rule of law have been actively carried out. As the earliest work on constructive jurisprudence of new proceduralism in China, this book elucidates some of the most critical problems in the process of constructing a legal order and realizing institutional innovation in China: democracy, fair and reasonable procedure, interpretation techniques, cognitive ability of legislation, position and function of the jurist group, and professional ethics, etc. Besides, it expounds five pairs of contradictions in the modernization process of Chinese legal system, namely, substantial and procedural justice, moral and legal debates, formal and reflective rationality, the major responsibility on bureaucrats and lawyers, and the motivation of public welfare and profit, and explores appropriate approaches to combine the different factors. Scholars and students in Chinese legal and social transformation studies will be attracted by this book. Furthermore, it will help different civilizations conduct rational dialogues on justice and order.

Chinese Law: Context and Transformation

Jianfu Chen
Chinese Law Context and Transformation Book PDF

Author : Jianfu Chen
Publisher : Martinus Nijhoff Publishers
Page : 792 pages
File Size : 52,5 Mb
Release : 2015-12-22
Category : Law
ISBN : 9789047423430

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Chinese Law: Context and Transformation by Jianfu Chen Pdf

This book examines the historical and politico-economic context in which Chinese law has developed and transformed, focusing on the underlying factors and justifications for changes. It attempts to sketch the main trends in legal modernisation in China.

The Constitution of China

Qianfan Zhang
The Constitution of China Book PDF

Author : Qianfan Zhang
Publisher : Hart Publishing
Page : 0 pages
File Size : 43,5 Mb
Release : 2012-08-01
Category : Law
ISBN : 1841137405

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The Constitution of China by Qianfan Zhang Pdf

This book on China's constitution and its tradition of constitutionalism is one of the first in the English language, and as such provides a much needed overview of China's constitutional history and present arrangements. The nine chapters are divided into three parts. The first part (Chapters 1 & 2) deals with China's constitutional history, its indigenous and Confucian antecedents, as well as the turbulent century which led up to the 1982 Constitution and the new order which this ushered in. The second chapter deals with the distinctive features of its current constitution. The second part (Chapters 3-6) introduces the institutional structure defined in the current constitution - the relationship between the Centre and the Regions, the role of the party and the role of the People's Congress, the meaning of the socialist rule of law, and the independence of the judiciary. The third part (Chapters 7-9) discusses the major developments in human rights and their deficiencies - the protection offered to life, liberty, property and equality, and at the same time the currently dormant areas of political and religious freedom. The book concludes with a chapter looking forward to the future of the People's Congress and Chinese constitutionalism. In sum, the book offers a readable account of the salient features of Chinese constitutional developments in all major areas.

The Roles of Law and Politics in China's Development

Guanghua Yu
The Roles of Law and Politics in China s Development Book PDF

Author : Guanghua Yu
Publisher : Springer Science & Business
Page : 220 pages
File Size : 48,5 Mb
Release : 2014-04-26
Category : Political Science
ISBN : 9789812870025

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The Roles of Law and Politics in China's Development by Guanghua Yu Pdf

This book examines China’s economic development from the end of 1970s, integrating perspectives from law, economics and political science. Particular attention is given to the role of formal law and political changes in China’s development, presenting the argument that formal law has made a useful contribution to China’s economic development. Chapters explore the relationship between democracy and mechanisms of property rights protection, financial market, rule of law, and human capital accumulation. The author goes on to examine the persistence of authoritarianism, democracy and economic development and the concept of deliberative democracy. This book concludes with a look at future options for China, from political, economic and rule of law perspectives. The book considers China’s current political regime and analyzes the likely political and constitutional law reforms that are not only conducive to China’s economic development but also beneficial to the enhancement of freedom. Some knowledge of the Chinese legal system, economy, and political institutions is assumed, making this book valuable to those requiring a deeper understanding of the subject. The book will appeal to legal scholars and lawyers requiring an understanding of the impact of the Chinese legal system on China’s economic and political development and to scholars and students in political science and economics with an interest in China’s institutional change. Policy makers and administrators with an interest in policy and law making in China will also find this book valuable.

Interpreting Hong Kong’s Basic Law: The Struggle for Coherence

H. Fu,L. Harris,S. Young
Interpreting Hong Kong s Basic Law The Struggle for Coherence Book PDF

Author : H. Fu,L. Harris,S. Young
Publisher : Springer
Page : 265 pages
File Size : 41,6 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.

Chinese Legal Culture and Constitutional Order

SHIPING. HUA
Chinese Legal Culture and Constitutional Order Book PDF

Author : SHIPING. HUA
Publisher : Routledge
Page : 154 pages
File Size : 48,6 Mb
Release : 2021-06-30
Category : Electronic
ISBN : 1032093277

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Chinese Legal Culture and Constitutional Order by SHIPING. HUA Pdf

This book examines China's striving for a constitutional order in the 20th century from comparative, historical, and theoretical perspectives. Through a comprehensive study of six major constitutional reforms experienced by China in the last century, Shiping Hua explores pragmatism, instrumentalism, statism, and favoritism as the key features of the Chinese legal culture. Demonstrating that these characteristics have roots in China's ancient past and coincide with modern communist legal theory, it argues that Chinese legal culture has greatly impacted upon the country's move to modernize its legal system. By analyzing key constitutional periods in China's history, this book also evaluates patterns that can be used to better comprehend not only China's present legal reform but its future legal developments too. As the first book to examine how the Chinese legal culture has affected constitutional reform in the 20th century, Chinese Legal Culture and Constitutional Order will be useful to students and scholars of Asian and constitutional law, as well as Chinese Studies more generally. Winner of the 2019 ACPSS (Association of Chinese Professors of Social Sciences in the United States) Best Scholarly Publication Award for Original Research.