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Author: Michael C. Davis
Publisher: Springer
Published: 2016-01-03
Total Pages: 226
ISBN-13: 1349203955
DOWNLOAD EBOOKAn 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: Johannes M.M. Chan
Publisher: Hong Kong University Press
Published: 2000-02-01
Total Pages: 549
ISBN-13: 9622095097
DOWNLOAD EBOOKThis 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.
Author: Robert A. Burt
Publisher: Harvard University Press
Published: 1992
Total Pages: 492
ISBN-13: 9780674165366
DOWNLOAD EBOOKIn a remarkably innovative reconstruction of constitutional history, Robert Burt traces the controversy over judicial supremacy back to the founding fathers. Also drawing extensively on Lincoln's conception of political equality, Burt argues convincingly that judicial supremacy and majority rule are both inconsistent with the egalitarian democratic ideal. The first fully articulated presentation of the Constitution as a communally interpreted document in which the Supreme Court plays an important but not predominant role, The Constitution in Conflict has dramatic implications for both the theory and the practice of constitutional law.
Author: Bih-jaw Lin
Publisher: Routledge
Published: 2019-07-11
Total Pages: 416
ISBN-13: 1000314502
DOWNLOAD EBOOKThe 1989 Tiananmen crisis marked a crucial turning point for the People's Republic of China. The unprecedented demonstrations of popular dissent triggered the downfall of reformist premier Zhao Ziyang, who supported the students, and the rise of his conservative successor, Li Peng. The subsequent military crackdown on the demonstrators horrified the world and threatened the PRC with international isolation. In this book, distinguished scholars from Taiwan and the United States analyze the wide-ranging effects of the crisis on the role of ideology; the Party; the military; social and legal reform; economic reform; Taiwan and Hong Kong; and foreign relations. For anyone interested in China, and in particular the future of Communism, this volume will be essential reading.
Author: Brian Christopher Jones
Publisher: Taylor & Francis
Published: 2017-03-27
Total Pages: 242
ISBN-13: 131715715X
DOWNLOAD EBOOKRarely do acts of civil disobedience come in such grand fashion as Taiwan’s Sunflower Movement and Hong Kong’s Umbrella Movement. The two protests came in regions and jurisdictions that many have underestimated as regards furthering notions of political speech, democratisation, and testing the limits of authority. This book breaks down these two movements and explores their complex legal and political significance. The collection brings together some of Asia’s, and especially Taiwan and Hong Kong’s, most prolific writers, many of whom are internationally recognised experts in their respective fields, to address the legal and political significance of both movements, including the complex questions they posed as regards democracy, rule of law, authority, and freedom of speech. Given that occupational type protests have become a prominent method for protesters to make their cases to both citizens and governments, exploring the legalities of these significant protests and establishing best practices will be important to future movements, wherever they may transpire. With this in mind, the book does not stop at implications for Taiwan and Hong Kong, but talks about its subject matter from a comparative, international perspective.
Author: Graeme Johnston
Publisher:
Published: 2017
Total Pages: 854
ISBN-13: 9789626618837
DOWNLOAD EBOOKAuthor: Ian Scott
Publisher: Springer
Published: 2016-07-27
Total Pages: 263
ISBN-13: 134926296X
DOWNLOAD EBOOKScott focuses on Hong Kong's political, bureaucratic and legal institutions. The first section is concerned with public opinion on institutional provisions, voting systems and political parties. The second deals with current problems facing the executive, legislature, bureaucracy and legal system. The third part considers the effects of Chinese rule on the social and economic context in which Hong Kong's institutions will, or will not, function. Scott concludes with a discussion of possible scenarios of institutional development.
Author: Richard Albert
Publisher: Bloomsbury Publishing
Published: 2019-10-17
Total Pages: 267
ISBN-13: 150993099X
DOWNLOAD EBOOKFounding moments are landmark events that break ties with the ancien régime and lay the foundation for the establishment of a new constitutional order. They are often radically disruptive episodes in the life of a state. They reshape national law, reset political relationships, establish future power structures, and influence happenings in neighbouring countries. This edited collection brings together leading and emerging scholars to theorise the phenomenon of a founding moment. What is a founding moment? When does the 'founding' process begin and when does it end? Is a founding moment possible without yielding a new constitution? Can a founding moment lead to a partial or incomplete transformation? And should the state be guided by the intentions of those who orchestrated these momentous breaks from the past? Drawing from constitutions around the world, the authors ask these and other fundamental questions about making and remaking constitutions.
Author: H. Fu
Publisher: Springer
Published: 2007-12-25
Total Pages: 260
ISBN-13: 0230610366
DOWNLOAD EBOOKOn 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: Michael Davis
Publisher:
Published: 2020-10
Total Pages:
ISBN-13: 9781952636134
DOWNLOAD EBOOKHow 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.
