Hong Kong Constitutionalism

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Author :
Publisher : Routledge
ISBN 13 : 0429842902
Total Pages : 168 pages
Book Rating : 4.4/5 (298 download)

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Book Synopsis Hong Kong Constitutionalism by : Richard Cullen

Download or read book Hong Kong Constitutionalism written by Richard Cullen and published by Routledge. This book was released on 2020-02-04 with total page 168 pages. Available in PDF, EPUB and Kindle. Book excerpt: Hong Kong is widely regarded as an exemplar of authoritarian jurisdictions with a positive history of adhering to Rule of Law–shaped governance systems. British Hong Kong provides a remarkable story of the effective development and consolidation of such a system, which has continued to apply since 1997, when it became the Hong Kong Special Administrative Region (HKSAR) within the People’s Republic of China (PRC). This book adopts a fresh approach in examining the evolution of Hong Kong’s political-legal experience. It establishes that these prominent governance achievements were built on particular British constitutional foundations forged over many centuries. The work shows how the analysis of the British theorist Albert Dicey and, in particular, “Diceyan Constitutionalism” was fundamental, within the pivotal context of “Chinese Familism”, in shaping the development of governance institutions and operational procedures within the new British Colony. It discusses how Hong Kong’s system of Authoritarian Legality has come to pass. Exploring the essence of that system, the study probes how thoroughly it has been stress-tested, not least in 2019, and how well it may be placed to cope with tests yet to come. It also analyzes Hong Kong–Beijing relations and the long-term prospects for the HKSAR within the PRC based on a balanced contemporary assessment of China’s exceptional One Party State.

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

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Author :
Publisher : Springer
ISBN 13 : 0230610366
Total Pages : 265 pages
Book Rating : 4.2/5 (36 download)

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Book Synopsis Interpreting Hong Kong’s Basic Law: The Struggle for Coherence by : H. Fu

Download or read book Interpreting Hong Kong’s Basic Law: The Struggle for Coherence written by H. Fu and published by Springer. This book was released on 2007-12-25 with total page 265 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Constitutional Confrontation in Hong Kong

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Author :
Publisher : Springer
ISBN 13 : 1349203955
Total Pages : 226 pages
Book Rating : 4.3/5 (492 download)

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Book Synopsis Constitutional Confrontation in Hong Kong by : Michael C. Davis

Download or read book Constitutional Confrontation in Hong Kong written by Michael C. Davis and published by Springer. This book was released on 2016-01-03 with total page 226 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Making Hong Kong China

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Author :
Publisher :
ISBN 13 : 9781952636134
Total Pages : pages
Book Rating : 4.6/5 (361 download)

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Book Synopsis Making Hong Kong China by : Michael Davis

Download or read book Making Hong Kong China written by Michael Davis and published by . This book was released on 2020-10 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Hong Kong's New Constitutional Order

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Author :
Publisher : Hong Kong University Press
ISBN 13 : 9622094635
Total Pages : 608 pages
Book Rating : 4.6/5 (22 download)

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Book Synopsis Hong Kong's New Constitutional Order by : Yash Ghai

Download or read book Hong Kong's New Constitutional Order written by Yash Ghai and published by Hong Kong University Press. This book was released on 1997-05-01 with total page 608 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Constitutionalism in Context

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Author :
Publisher :
ISBN 13 : 110842709X
Total Pages : 611 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis Constitutionalism in Context by : David S. Law

Download or read book Constitutionalism in Context written by David S. Law and published by . This book was released on 2022-02-17 with total page 611 pages. Available in PDF, EPUB and Kindle. Book excerpt: A broad-ranging, interdisciplinary, and context-rich exploration of the fields of constitutional studies and comparative constitutional law for research and teaching.

Introduction to the Hong Kong Basic Law

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Author :
Publisher : Hong Kong University Press
ISBN 13 : 9888139487
Total Pages : 446 pages
Book Rating : 4.8/5 (881 download)

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Book Synopsis Introduction to the Hong Kong Basic Law by : Danny Gittings

Download or read book Introduction to the Hong Kong Basic Law written by Danny Gittings and published by Hong Kong University Press. This book was released on 2013-07-01 with total page 446 pages. Available in PDF, EPUB and Kindle. Book excerpt: Effective since China's resumption of sovereignty on 1 July 1997, the Hong Kong Basic Law lays down the general policies and system of government for Hong Kong under the "one country, two systems" formula. It guarantees Hong Kong a high degree of autonomy, enshrines the rights and freedoms of residents, and preserves a separate common law system with an independent judiciary. This introduction traces the origins of the Hong Kong Basic Law and the concepts and legal issues that surround it. Drawing on the experience of the first 15 years, it then analyses the content of the Hong Kong Basic Law, especially in relation to Hong Kong's political system, the judiciary, and human rights. Intended especially for students at all levels in law, politics, and other disciplines, this book—the only introductory guide of its kind to the subject—will also appeal to the general reader interested in Hong Kong's experience under "one country, two systems". "Danny Gittings's Introduction to the Hong Kong Basic Law makes a significant contribution to an important subject. It is expressed in reader-friendly terms. The insights that it provides are of value not only to lawyers but also to the general public." —The Hon. Mr. Justice Kemal Bokhary, Permanent Judge of the Hong Kong Court of Final Appeal (1997–2012), Non-Permanent Judge (2012– ). "This well-researched and very readable introduction explains the history, practices and future of the Basic Law—Hong Kong's key constitutional document. It also explores how far the Basic Law is able to address the many political and legal issues now facing Hong Kong. The book is suitable for a wide range of readers. Students of Hong Kong law at all levels will find it essential reading. General readers with an interest in Hong Kong's governance will find in it a lucid and accurate guide—and a timely one as the debate about implementing democracy intensifies." —Professor Fu Hualing, Faculty of Law, University of Hong Kong. "Many of us approach law books with trepidation. But Gittings, a legal academic, used to be a journalist and this shows in his ability to make the book accessible to the general reader. [...] The Basic Law will continue to be central to issues facing the city for years to come. This book enables the reader to quickly acquire a much better understanding of them." — South China Morning Post "As Professor Gittings points out in his book, which includes a chapter on what might happen after Hong Kong’s 50-year autonomy ends, readability was a key aim. Acronyms are kept to a minimum and details set up neatly and comprehensively in footnotes so that the main text is kept as clean as possible." — Hong Kong Lawyer

Constitutional Law in Hong Kong

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Author :
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403545240
Total Pages : 594 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis Constitutional Law in Hong Kong by : Anton Cooray

Download or read book Constitutional Law in Hong Kong written by Anton Cooray and published by Kluwer Law International B.V.. This book was released on 2022-10-20 with total page 594 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Hong Kong's Constitutional Debate

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Author :
Publisher : Hong Kong University Press
ISBN 13 : 9622095097
Total Pages : 549 pages
Book Rating : 4.6/5 (22 download)

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Book Synopsis Hong Kong's Constitutional Debate by : Johannes M.M. Chan

Download or read book Hong Kong's Constitutional Debate written by Johannes M.M. Chan and published by Hong Kong University Press. This book was released on 2000-02-01 with total page 549 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores legal and constitutional issues in Hong Kong's relationship with mainland China through an analysis of the litigation on the right of abode of the children of Hong Kong residents who are born and live in the mainland. The litigation in the Hong Kong courts and the subsequent interpretation by the Standing Committee of the National People's Congress were followed with keen interest both locally and internationally, and had provoked great controversy. The differing approaches to and styles of interpretation of the Court and the Standing Committee provide a vivid demonstration of the clash of legal systems within which Hong Kong's constitutional system has to operate. These issues are discussed in this book by Hong Kong's leading legal scholars and practitioners. This book offers perspectives to solve these controversies and to develop an acceptable approach to the interpretation of the Basic Law. It captures the sustained public debate on constitutional issues and provides a historical record of this constitutional debate. It also contains the full texts of the decision of the Court and the Interpretation by the Standing Committee.

Critique of Hong Kong Nativism

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Author :
Publisher : Springer
ISBN 13 : 9811333440
Total Pages : 176 pages
Book Rating : 4.8/5 (113 download)

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Book Synopsis Critique of Hong Kong Nativism by : Jie Zhu

Download or read book Critique of Hong Kong Nativism written by Jie Zhu and published by Springer. This book was released on 2019-01-30 with total page 176 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book focuses on the separatist trend in Hong Kong, which it approaches by drawing on historical studies, political analysis, social studies and legal analysis. It offers a comprehensive and interdisciplinary guide to the topic, addressing the historical evolution of “Hong Kong Nativism,” the theoretical connotations and fallacies of “Hong Kong Independence,” and the legal measures taken to forestall it. Written by mainland scholars who approach the subject matter from a legal perspective, the book offers revealing insights for all students and researchers who are interested in Hong Kong Basic Law and the current political situation in Hong Kong.

Law of the Hong Kong Constitution

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Author :
Publisher :
ISBN 13 : 9789626614433
Total Pages : 1011 pages
Book Rating : 4.6/5 (144 download)

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Book Synopsis Law of the Hong Kong Constitution by : Wenmin Chen (professor.)

Download or read book Law of the Hong Kong Constitution written by Wenmin Chen (professor.) and published by . This book was released on 2011 with total page 1011 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Constitutional & Administrative Law in Hong Kong

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Publisher :
ISBN 13 :
Total Pages : 258 pages
Book Rating : 4.:/5 (318 download)

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Book Synopsis Constitutional & Administrative Law in Hong Kong by : Peter Wesley-Smith

Download or read book Constitutional & Administrative Law in Hong Kong written by Peter Wesley-Smith and published by . This book was released on 1987 with total page 258 pages. Available in PDF, EPUB and Kindle. Book excerpt:

China's National Security

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Publisher : Bloomsbury Publishing
ISBN 13 : 1509928162
Total Pages : 352 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis China's National Security by : Cora Chan

Download or read book China's National Security written by Cora Chan and published by Bloomsbury Publishing. This book was released on 2020-03-05 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: All states are challenged by the need to protect national security while maintaining the rule of law, but the issue is particularly complex in the China–Hong Kong context. This timely and important book explores how China conceives of its national security and the position of Hong Kong. It considers the risks of introducing national security legislation in Hong Kong, and Hong Kong's sources of resilience against encroachments on its rule of law that may come under the guise of national security. It points to what may be needed to maintain Hong Kong's rule of law once China's 50-year commitment to its autonomy ends in 2047. The contributors to this book include world-renowned scholars in comparative public law and national security law. The collection covers a variety of disciplines and jurisdictions, and both scholarly and practical perspectives to present a forward-looking analysis on the rule of law in Hong Kong. It illustrates how Hong Kong may succeed in resisting pressure to advance China's security interests through repressive law. Given China's growing international stature, the book's reflections on China's approach to security have much to tell us about its potential impact on the global political, security, and economic order.

Hybrid Constitutionalism

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Publisher : Cambridge University Press
ISBN 13 : 1108168825
Total Pages : 301 pages
Book Rating : 4.1/5 (81 download)

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Book Synopsis Hybrid Constitutionalism by : Eric C. Ip

Download or read book Hybrid Constitutionalism written by Eric C. Ip and published by Cambridge University Press. This book was released on 2019-04-25 with total page 301 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first book that focuses on the entrenched, fundamental divergence between the Hong Kong Court of Final Appeal and Macau's Tribunal de Última Instância over their constitutional jurisprudence, with the former repeatedly invalidating unconstitutional legislation with finality and the latter having never challenged the constitutionality of legislation at all. This divergence is all the more remarkable when considered in the light of the fact that the two Regions, commonly subject to oversight by China's authoritarian Party-state, possess constitutional frameworks that are nearly identical; feature similar hybrid regimes; and share a lot in history, ethnicity, culture, and language. Informed by political science and economics, this book breaks new ground by locating the cause of this anomaly, studied within the universe of authoritarian constitutionalism, not in the common law-civil law differences between these two former European dependencies, but the disparate levels of political transaction costs therein.

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

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Publisher : City University of HK Press
ISBN 13 : 9629374501
Total Pages : 440 pages
Book Rating : 4.6/5 (293 download)

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

Download or read book The Changing Legal Orders in Hong Kong and Mainland China: Essays on “One Country, Two Systems” written by Albert H.Y. Chen and published by City University of HK Press. This book was released on 2021-03 with total page 440 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Constitutional Law and Human Rights in Hong Kong—A Sourcebook

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Author :
Publisher : City University of HK Press
ISBN 13 : 9629376156
Total Pages : 716 pages
Book Rating : 4.6/5 (293 download)

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Book Synopsis Constitutional Law and Human Rights in Hong Kong—A Sourcebook by : Guobin Zhu

Download or read book Constitutional Law and Human Rights in Hong Kong—A Sourcebook written by Guobin Zhu and published by City University of HK Press. This book was released on 2021-07-01 with total page 716 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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

The Hong Kong Basic Law

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Author :
Publisher : Hong Kong University Press
ISBN 13 : 9789622092969
Total Pages : 332 pages
Book Rating : 4.0/5 (929 download)

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Book Synopsis The Hong Kong Basic Law by : Ming K. Chan

Download or read book The Hong Kong Basic Law written by Ming K. Chan and published by Hong Kong University Press. This book was released on 1991-01-01 with total page 332 pages. Available in PDF, EPUB and Kindle. Book excerpt: Analyses how China's socialist legal principles are incorporated into the Basic Law, and examines the conflicts in the drafting process between maintaining China's control and achieving genuine democracy and autonomy..