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.
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.
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.
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 637 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.
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:
Download or read book The Constitution in Conflict written by Robert A. Burt and published by Harvard University Press. This book was released on 1992 with total page 492 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 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.
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.
Download or read book The Conflict of Laws in Hong Kong written by Graeme Johnston and published by . This book was released on 2017 with total page 854 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Aftermath Of The 1989 Tiananmen Crisis For Mainland China written by Bih-jaw Lin and published by Routledge. This book was released on 2019-07-11 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 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.
Download or read book Film and Constitutional Controversy written by Marco Wan and published by Cambridge University Press. This book was released on 2021-02-04 with total page 191 pages. Available in PDF, EPUB and Kindle. Book excerpt: In modern-day Hong Kong, major constitutional controversies have caused people to demonstrate on the streets, immigrate to other countries, occupy major thoroughfares, and even engage in violence. These controversies have such great resonance because they put pressure on a cultural identity made possible by, and inseparable from, the 'One Country, Two Systems' framework. Hong Kong is also a city synonymous with film, ranging from commercial gangster movies to the art cinema of Wong Kar-wai. This book argues that while the importance of constitutional controversies for the process of self-formation may not be readily discernible in court judgments and legislative enactments, it is registered in the diverse modes of expression found in Hong Kong cinema. It contends that film gives form to the ways in which Hong Kong identity is articulated, placed under stress, bolstered, and transformed in light of disputes about the nature and meaning of the city's constitutional documents.
Download or read book Law and Politics of the Taiwan Sunflower and Hong Kong Umbrella Movements written by Brian Christopher Jones and published by Routledge. This book was released on 2017-03-27 with total page 236 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Institutional Change and the Political Transition in Hong Kong written by Ian Scott and published by Springer. This book was released on 2016-07-27 with total page 263 pages. Available in PDF, EPUB and Kindle. Book excerpt: Scott 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.
Download or read book Founding Moments in Constitutionalism written by Richard Albert and published by Bloomsbury Publishing. This book was released on 2019-10-17 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: Founding 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.
Download or read book Hong Kong s Transition to Chinese Rule written by Ralf Horlemann and published by Routledge. This book was released on 2003-09-02 with total page 335 pages. Available in PDF, EPUB and Kindle. Book excerpt: Following the return of Hong Kong to Chinese sovereignty, it appears that the 'high degree of autonomy' promised to Hong Kong is limited in many ways. China's reservations about the development of democracy in Hong Kong lies at the heart of the problem. The conceptual inadequacies set out in the Basic Law, Hong Kong's mini-constitution, show a correlation between a lack of democracy and a loss of autonomy. This book argues that genuine autonomy from the central government in Beijing is impossible without a democratic system in Hong Kong. Developments since the handover have, however, demonstrated that democratic trends have been halted and even reversed and that democracy is not likely to be established in Hong Kong in the near future.
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..
Download or read book Introduction to the Hong Kong Basic Law written by Danny Gittings and published by . This book was released on 2016 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The Hong Kong Basic Law is the constitutional document which sets out the general policies and system of government for Hong Kong under the 'one country, two systems' formula. It promises Hong Kong a high degree of autonomy, seeks to preserve a separate common law system with an independent judiciary, and guarantees a long list of rights and freedoms...This book traces the origins of the Hong Kong Basic Law and analyzes its content, especially in relation to Hong Kong's political system, the judiciary, and human rights. It is required reading for students on a wide range of courses in law, politics, and other disciplines, from sub-degree through to undergraduate and postgraduate level as well as professional examinations...The second edition has been updated...to discuss important new developments, including the implications of the mass street protests known as the Umbrella Movement, and adds a new concluding chapter on the future of 'one country, two systems.'"--
Download or read book The Dynamics of Beijing Hong Kong Relations written by Sonny Shiu-hing Lo and published by Hong Kong University Press. This book was released on 2008-04-01 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book critically assesses the implementation of the "one country, two systems" in the Hong Kong Special Administrative Region (HKSAR) from the political, judicial, legal, economic and societal dimensions. The author contends that there has been a gradual process of mainlandization of the HKSAR, meaning that Hong Kong is increasingly economically dependent on the People's Republic of China (PRC), politically deferent to the central government on the scope and pace of democratic reforms, socially more patriotic toward the motherland and more prone to media self-censorship, and judicially more vulnerable to the interpretation of the Basic Law by the National People's Congress. This book aims to achieve a breakthrough in relating the development of Hong Kong politics to the future of mainland China and Taiwan. By broadening the focus of the "one country, two systems" from governance to the process of Sino-British negotiations and their thrust-building efforts, this book argues that the diplomats from mainland China and Taiwan can learn from the ways in which Hong Kong's political future was settled in 1982–1984. This is a book for students, researchers, scholars, diplomats and lay people.
