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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: Graeme Johnston
Publisher:
Published: 2017
Total Pages: 854
ISBN-13: 9789626618837
DOWNLOAD EBOOKAuthor: 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.
Author: Michael C. Davis
Publisher: Routledge
Published: 2017-07-28
Total Pages: 344
ISBN-13: 1315498154
DOWNLOAD EBOOKInternational intervention on humanitarian grounds has been a contentious issue for decades. First, it pits the principle of state sovereignty against claims of universal human rights. Second, the motivations of intervening states may be open to question when avowals of moral action are arguably the fig leaf covering an assertion of power for political advantage. These questions have been salient in the context of the Balkan and African wars and U.S. policy in the Middle East. This volume undertakes a serious, systematic, and broadly international review of the issues.
Author: Wenmin Chen (professor.)
Publisher:
Published: 2011
Total Pages: 1011
ISBN-13: 9789626614433
DOWNLOAD EBOOKAuthor: Richard C. Bush
Publisher: Brookings Institution Press
Published: 2016-10-11
Total Pages: 255
ISBN-13: 0815728131
DOWNLOAD EBOOKA close-up look at the struggle for democracy in Hong Kong. Hong Kong in the Shadow of China is a reflection on the recent political turmoil in Hong Kong during which the Chinese government insisted on gradual movement toward electoral democracy and hundreds of thousands of protesters occupied major thoroughfares to push for full democracy now. Fueling this struggle is deep public resentment over growing inequality and how the political system—established by China and dominated by the local business community—reinforces the divide been those who have profited immensely and those who struggle for basics such as housing. Richard Bush, director of the Brookings Institution’s Center on East Asia Policy Studies, takes us inside the demonstrations and the demands of the demonstrators and then pulls back to critically explore what Hong Kong and China must do to ensure both economic competitiveness and good governance and the implications of Hong Kong developments for United States policy.
Author: Yash Ghai
Publisher: Hong Kong University Press
Published: 1997-05-01
Total Pages: 637
ISBN-13: 9622094635
DOWNLOAD EBOOKThis 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.
