Constitutional Law and Human Rights in Hong Kong—A Sourcebook
Constitutional Law and Human Rights in Hong Kong—A Sourcebook

Author: Guobin Zhu

Publisher: City University of HK Press

Published: 2021-07-01

Total Pages: 716

ISBN-13: 9629376156

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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 Constitutional System of the Hong Kong SAR
The Constitutional System of the Hong Kong SAR

Author: Albert H Y Chen

Publisher: Bloomsbury Publishing

Published: 2023-08-17

Total Pages: 225

ISBN-13: 1509956301

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This book provides an account of the evolving constitutional arrangement known as “One Country, Two Systems”, as practised in the Hong Kong Special Administrative Region of the People's Republic of China (PRC). The British colony of Hong Kong, one of the “Four Little Dragons” of East Asia, reverted to Chinese rule in 1997. Since then, Hong Kong has continued to be an international financial centre, a free market, and a cosmopolitan city. At the same time, the tensions and contradictions inherent in “One Country, Two Systems” have given rise to constitutional controversies and social movements, culminating in the Umbrella movement of 2014, the anti-extradition law movement of 2019, the enactment of a National Security Law in 2020, and the electoral overhaul of 2021. This book discusses the structure and operations of Hong Kong's legal, judicial and political systems and their interactions with the national authorities of the PRC. The book provides a useful case study in comparative constitutional law, especially on autonomy and devolution issues within sovereign States. This comparative study is particularly interesting because Hong Kong is a common law jurisdiction within the PRC's socialist legal system. It will therefore be of interest to students and scholars of Chinese law, Hong Kong law and comparative politics, as well as lawyers whose practice involves Hong Kong.

The Democratic Republic of the Congo, Broken State, Collapse of Law, Human Rights Violations, Veil of Injustice and Constitutional Smokescreens—A Case Study in State Failure:
The Democratic Republic of the Congo, Broken State, Collapse of Law, Human Rights Violations, Veil of Injustice and Constitutional Smokescreens—A Case Study in State Failure:

Author: Felix Kaputu

Publisher: Xlibris Corporation

Published: 2024-07-25

Total Pages: 192

ISBN-13:

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For over twenty-five years, the Democratic Republic of the Congo has been depicted by the media as a nation in turmoil. Armed militias and armies ravage villages, stealing crops and minerals, while proxy wars displace countless citizens. Political violence, corruption, and social insecurity plague the nation, leading to a humanitarian crisis where fundamental human rights are routinely violated. This book delves into the harrowing realities of life in Congo, where public education and healthcare are in shambles, and most people live on less than two dollars a day. Amidst this, political leaders enjoy exorbitant salaries while public servants endure poverty. This empirical research critically examines the gap between the constitutional provisions of human rights and their implementation, presenting stark indicators of a failed state. By analyzing the human rights situation from the Universal Declaration of Human Rights to the current state Constitution, the book reveals the Congo’s descent into chaos and calls for accountability for its violations.

Routledge Handbook of Constitutional Law in Greater China
Routledge Handbook of Constitutional Law in Greater China

Author: Ngoc Son Bui

Publisher: Taylor & Francis

Published: 2022-12-29

Total Pages: 517

ISBN-13: 1000800571

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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.

Legal Thoughts between the East and the West in the Multilevel Legal Order
Legal Thoughts between the East and the West in the Multilevel Legal Order

Author: Chang-fa Lo

Publisher: Springer

Published: 2016-11-11

Total Pages: 609

ISBN-13: 9811019959

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This book focuses on the interaction and mutual influences between the East and the West in terms of their legal systems and practices. In this regard, it highlights Professor Herbert H.P. Ma’s achievements and his efforts to bring Eastern and Western legal concepts and systems closer together. The book shows that, while there have been convergences between different legal regimes in many fields of law, diverse legal practices and approaches rooted in differing cultural, social, political and philosophical backgrounds do remain, and that these differences are not necessarily negative elements in the contemporary legal order. By examining different levels of the legal order, including domestic, regional and multilateral, it goes on to argue that identifying these diversities and addressing the interactions and mutual influences between different regimes is a worthwhile undertaking, not only in terms of mutual enrichment, but also with regard to intensifying the degree of desirable coordination between different legal systems. All chapters were written by leading experts, practitioners and scholars from different jurisdictions with expertise in various fields of law and different levels of the legal order, and discuss a number of issues with particular focus on either “one-way” or mutual influences between the Eastern and the Western legal systems, practices and philosophies.

Hong Kong's Constitutional Debate
Hong Kong's Constitutional Debate

Author: Johannes M.M. Chan

Publisher: Hong Kong University Press

Published: 2000-02-01

Total Pages: 549

ISBN-13: 9622095097

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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.

Contemporary Hong Kong Government and Politics
Contemporary Hong Kong Government and Politics

Author: Wai-man Lam

Publisher: Hong Kong University Press

Published: 2012-07-01

Total Pages: 416

ISBN-13: 9888139479

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This title describes the present political system and development in Hong Kong. The second edition assesses the main strands of continuity and change in Hong Kong's government and politics since the creation of the Hong Kong Special Administrative Region in 1997.

The Democracy Sourcebook
The Democracy Sourcebook

Author: Robert A. Dahl

Publisher: MIT Press

Published: 2003-08-15

Total Pages: 580

ISBN-13: 9780262541473

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The Democracy Sourcebook offers a collection of classic writings and contemporary scholarship on democracy, creating a book that can be used by undergraduate and graduate students in a wide variety of courses, including American politics, international relations, comparative politics, and political philosophy. The editors have chosen substantial excerpts from the essential theorists of the past, including Jean-Jacques Rousseau, John Stuart Mill, Alexis de Tocqueville, and the authors of The Federalist Papers; they place them side by side with the work of such influential modern scholars as Joseph Schumpeter, Adam Przeworski, Seymour Martin Lipset, Samuel P. Huntington, Ronald Dworkin, and Amartya Sen. The book is divided into nine self-contained chapters: "Defining Democracy," which discusses procedural, deliberative, and substantive democracy; "Sources of Democracy," on why democracy exists in some countries and not in others; "Democracy, Culture, and Society," about cultural and sociological preconditions for democracy; "Democracy and Constitutionalism," which focuses on the importance of independent courts and a bill of rights; "Presidentialism versus Parliamentarianism"; "Representation," discussing which is the fairest system of democratic accountability; "Interest Groups"; "Democracy's Effects," an examination of the effect of democracy on economic growth and social inequality; and finally, "Democracy and the Global Order" discusses the effects of democracy on international relations, including the propensity for war and the erosion of national sovereignty by transnational forces.

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

Author: H. Fu

Publisher: Springer

Published: 2007-12-25

Total Pages: 260

ISBN-13: 0230610366

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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.

Torture as Tort
Torture as Tort

Author: Craig Martin Scott

Publisher: Bloomsbury Publishing

Published: 2001-05-22

Total Pages: 776

ISBN-13: 1847311083

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The controversial nature of seeking globalised justice through national courts has become starkly apparent in the wake of the Pinochet case in which the Spanish legal system sought to bring to account under international criminal law the former President of Chile,for violations in Chile of human rights of non-Spaniards. Some have reacted to the involvement of Spanish and British judges in sanctioning a former head of state as nothing more than legal imperialism while others have termed it positive globalisation. While the international legal and associated statutory bases for such criminal prosecutions are firm, the same cannot be said of the enterprise of imposing civil liability for the same human-rights-violating conduct that gives rise to criminal responsibility. In this work leading scholars from around the world address the host of complex issues raised by transnational human rights litigation. There has been, to date, little treatment, let alone a comprehensive assessment, of the merits and demerits of US-style transnational human rights litigation by non-American legal scholars and practitioners. The book seeks not so much to fill this gap as to start the process of doing so, with a view to stimulating debate amongst scholars and policy-makers. The book's doctrinal coverage and analytical inquiries will also be extremely relevant to the world of transnational legal practice beyond the specific question of human rights litigation. Cited in Nevsun Resources Ltd. v. Araya, 2020 SCC 5.