Democracy and Rule of Law in China's Shadow
Democracy and Rule of Law in China's Shadow

Author: Brian Christopher Jones

Publisher: Bloomsbury Publishing

Published: 2021-06-03

Total Pages: 348

ISBN-13: 1509933972

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This book provides detailed insight into some of the most contentious events occurring in jurisdictions operating within China's vast shadow. Epic clashes between law and politics have become a regular fixture throughout the world, and no region has seen more of these than Asia. In some cases these conflicts have involved newfound democratic aspirations or democratic deepening, while in others it has arisen because of pushback against authoritarian or semi-authoritarian governments. Indeed, many of these clashes centre on or involve the region's most powerful and controversial player: China. This book focuses on several of these critical struggles, examining how democracy and the rule of law play out in a number of jurisdictions highly influenced by China's presence. Chapters provide insightful analysis on issues such as: major threats to the rule of law and attempts to uphold the principle, oath-taking controversies, foreign judges and the disparagement of the judiciary, unconstitutional and undemocratic provisions, changing ideas of representation, a right to democracy in international law, same-sex marriage rights, and the legal responses to civil disobedience in Taiwan and Hong Kong, among other topics. Ultimately, the book delivers a contemporary understanding of how democracy and the rule of law both complement and converge in this fascinating region.

Democracy and Rule of Law in China's Shadow
Democracy and Rule of Law in China's Shadow

Author: Brian Christopher Jones

Publisher: Hart Publishing

Published: 2022-12-29

Total Pages: 0

ISBN-13: 1509949178

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This book provides detailed insight into some of the most contentious events occurring in jurisdictions operating within China's vast shadow. Epic clashes between law and politics have become a regular fixture throughout the world, and no region has seen more of these than Asia. In some cases these conflicts have involved newfound democratic aspirations or democratic deepening, while in others it has arisen because of pushback against authoritarian or semi-authoritarian governments. Indeed, many of these clashes centre on or involve the region's most powerful and controversial player: China. This book focuses on several of these critical struggles, examining how democracy and the rule of law play out in a number of jurisdictions highly influenced by China's presence. Chapters provide insightful analysis on issues such as: major threats to the rule of law and attempts to uphold the principle, oath-taking controversies, foreign judges and the disparagement of the judiciary, unconstitutional and undemocratic provisions, changing ideas of representation, a right to democracy in international law, same-sex marriage rights, and the legal responses to civil disobedience in Taiwan and Hong Kong, among other topics. Ultimately, the book delivers a contemporary understanding of how democracy and the rule of law both complement and converge in this fascinating region.

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.

Activism and Authoritarian Governance in Asia
Activism and Authoritarian Governance in Asia

Author: Amy Barrow

Publisher: Taylor & Francis

Published: 2022-09-30

Total Pages: 180

ISBN-13: 1000653684

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This interdisciplinary book offers a new analysis of the concepts, spaces, and practices of activism that emerge under diverse authoritarian modes of governance in Asia. Demonstrating the limitations of existing conceptual approaches in accounting for activism in Asia, the book also offers new understandings of authoritarian governance practices and how these shape state-civil society relations. In conjunction with its tripartite theoretical framework, the book presents regional knowledge from an array of countries in Asia, with empirically rich contributions from both scholars and activists. Through in-depth case studies, the book offers new scholarly insights that highlight the ways in which activism emerges and is contested across Asia. As such, it will be of interest to students and scholars of Asian politics, law, and sociology.

Constitutional Idolatry and Democracy
Constitutional Idolatry and Democracy

Author: Brian Christopher Jones

Publisher: Edward Elgar Publishing

Published: 2020-06-26

Total Pages: 217

ISBN-13: 1788971108

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Constitutional Idolatry and Democracy investigates the increasingly important subject of constitutional idolatry and its effects on democracy. Focussed around whether the UK should draft a single written constitution, it suggests that constitutions have been drastically and persistently over-sold throughout the years, and that their wider importance and effects are not nearly as significant as constitutional advocates maintain. Chapters analyse whether written constitutions can educate the citizenry, invigorate voter turnout, or deliver ‘We the People’ sovereignty.

Contemporary Hong Kong Government and Politics, Third Edition
Contemporary Hong Kong Government and Politics, Third Edition

Author: Lam Wai-man

Publisher: Hong Kong University Press

Published: 2024-08-05

Total Pages: 467

ISBN-13: 9888842870

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In the third edition of Contemporary Hong Kong Government and Politics, Lam Wai-man, Percy Luen-tim Lui, Wilson Wong, and various contributors provide the latest analyses in many aspects of Hong Kong’s government and politics, such as political institutions, mediating institutions, and political actors. They also discuss specific policy areas such as political parties and elections, civil society, political identity and political culture, the mass media, and public opinions after the Umbrella Movement in 2014. The book also evaluates the latest developments in Hong Kong’s relationship with Mainland China and the international community. This new edition offers an up-to-date and comprehensive analysis of the main continuities and changes in the above aspects since 2014. This volume will help its readers grasp a basic understanding of Hong Kong’s political developments in the last ten years.

Out of Mao's Shadow
Out of Mao's Shadow

Author: Philip P. Pan

Publisher: Simon and Schuster

Published: 2008

Total Pages: 371

ISBN-13: 1416537058

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An inside analysis of modern cultural and political upheavals in China by a fluent Beijing correspondent describes the power struggles currently taking place between the party elite and supporters of democracy, the outcome of which the author predicts will significantly affect China's rise to a world super-power. 125,000 first printing.

Law and Politics of the Taiwan Sunflower and Hong Kong Umbrella Movements
Law and Politics of the Taiwan Sunflower and Hong Kong Umbrella Movements

Author: Brian Christopher Jones

Publisher: Taylor & Francis

Published: 2017-03-27

Total Pages: 242

ISBN-13: 131715715X

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Rarely 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.

Will China Democratize?
Will China Democratize?

Author: Andrew J. Nathan

Publisher: Johns Hopkins University Press+ORM

Published: 2013-09-01

Total Pages: 528

ISBN-13: 1421412446

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Leading experts on China offer their enlightening analysis on one of the most crucial and complex questions facing the future of international politics. Moving toward open markets and international trade has brought extraordinary economic success to China, yet its leadership still maintains an authoritarian grip over its massive population. From repressing political movements to controlling internet traffic, China’s undemocratic policies present an attractive model for other authoritarian regimes. But can China continue its growth without political reform? In Will China Democratize?, Andrew J. Nathan, Larry Diamond, and Marc F. Plattner present valuable analysis for anyone wondering if, when or how China might evolve politically. Since the Journal of Democracy’s very first issue in January 1990, which featured articles reflecting on the then-recent Tiananmen Square massacre, the Journal has regularly published articles about China and its politics. By bringing together the wide spectrum of views that have appeared in the Journal’s pages—from contributors including Fang Lizhi, Perry Link, Michel Oksenberg, Minxin Pei, Henry S. Rowen, and Nobel laureate Liu Xiaobo— Will China Democratize? provides a clear view of the complex forces driving change in China’s regime and society.

Hong Kong in the Shadow of China
Hong Kong in the Shadow of China

Author: Richard C. Bush

Publisher: Brookings Institution Press

Published: 2016-10-11

Total Pages: 395

ISBN-13: 081572814X

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A 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.