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 260 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 European Yearbook of Constitutional Law 2020 written by Ernst Hirsch Ballin and published by Springer Nature. This book was released on 2021-03-27 with total page 345 pages. Available in PDF, EPUB and Kindle. Book excerpt: The European Yearbook of Constitutional Law (EYCL) is an annual publication devoted to the study of constitutional law. It aims to provide a forum for in-depth analysis and discussion of new developments in the field, both in Europe and beyond. This second volume examines the constitutional positioning of cities across space and time. Unrelenting urbanisation means that most people are, or soon will be, living in cities and that city administrations become, in many respects, their quintessential governing units. Cities are places where State power is operationalised and concretised; where laws and government policies transform from parchment objectives to practical realities. In a similar vein, cities are also places for the realisation of the constitutional rights and liberties enjoyed by individuals. The book is organised around three sets of relations that await further unpacking in theory as well as practice: that between cities and other institutions in the national constitutional architecture; that between cities and their inhabitants; and that between cities and international organisations. The contributions to this book show the marked diversity in the role and powers available to cities in Europe and beyond, and identify principles and approaches to help stipulate new ways of thinking about the legal role and relevance of cities going forward. Ernst Hirsch Ballin is distinguished university professor at Tilburg University and vice-dean for research of Tilburg Law School. Gerhard van der Schyff is associate professor at Tilburg Law School, Department of Public Law and Governance. Maarten Stremler is lecturer at Maastricht University, Faculty of Law, Department of Public Law. Maartje De Visser is associate professor at SMU School of Law, Singapore.
Download or read book Introduction to the Hong Kong Basic Law written by Danny Gittings and published by Hong Kong University Press. This book was released on 2013-07-01 with total page 446 pages. Available in PDF, EPUB and Kindle. Book excerpt: Effective since China's resumption of sovereignty on 1 July 1997, the Hong Kong Basic Law lays down the general policies and system of government for Hong Kong under the "one country, two systems" formula. It guarantees Hong Kong a high degree of autonomy, enshrines the rights and freedoms of residents, and preserves a separate common law system with an independent judiciary. This introduction traces the origins of the Hong Kong Basic Law and the concepts and legal issues that surround it. Drawing on the experience of the first 15 years, it then analyses the content of the Hong Kong Basic Law, especially in relation to Hong Kong's political system, the judiciary, and human rights. Intended especially for students at all levels in law, politics, and other disciplines, this book—the only introductory guide of its kind to the subject—will also appeal to the general reader interested in Hong Kong's experience under "one country, two systems". "Danny Gittings's Introduction to the Hong Kong Basic Law makes a significant contribution to an important subject. It is expressed in reader-friendly terms. The insights that it provides are of value not only to lawyers but also to the general public." —The Hon. Mr. Justice Kemal Bokhary, Permanent Judge of the Hong Kong Court of Final Appeal (1997–2012), Non-Permanent Judge (2012– ). "This well-researched and very readable introduction explains the history, practices and future of the Basic Law—Hong Kong's key constitutional document. It also explores how far the Basic Law is able to address the many political and legal issues now facing Hong Kong. The book is suitable for a wide range of readers. Students of Hong Kong law at all levels will find it essential reading. General readers with an interest in Hong Kong's governance will find in it a lucid and accurate guide—and a timely one as the debate about implementing democracy intensifies." —Professor Fu Hualing, Faculty of Law, University of Hong Kong. "Many of us approach law books with trepidation. But Gittings, a legal academic, used to be a journalist and this shows in his ability to make the book accessible to the general reader. [...] The Basic Law will continue to be central to issues facing the city for years to come. This book enables the reader to quickly acquire a much better understanding of them." — South China Morning Post "As Professor Gittings points out in his book, which includes a chapter on what might happen after Hong Kong’s 50-year autonomy ends, readability was a key aim. Acronyms are kept to a minimum and details set up neatly and comprehensively in footnotes so that the main text is kept as clean as possible." — Hong Kong Lawyer
Download or read book Sub State Governance through Territorial Autonomy written by Markku Suksi and published by Springer Science & Business Media. This book was released on 2011-07-17 with total page 717 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study focuses on territorial autonomy, which is often used in different conflict-resolution and minority situations. Four typical elements are identified on the basis of the historical example of the Memel Territory and the so-called Memel case of the PCIJ; distribution of powers, participation through elections and referendums, executive power of territorial autonomy, and international relations. These elements are used for a comparative analysis of the constitutional law that regulates the position of six currently existing special jurisdictions, the Åland Islands in Finalnd, Scotland in the United Kingdom, Puerto Rico in the United States of America, Hong Kong in China, Aceh in Indonesia and Zanzibar in Tanzania. The current sub-state entities examined can be arranged in relation to Memel in a manner that indicates that Hong Kong and the Åland conform to the typical territorial autonomy, while Puerto Rico and Aceh should probably not be understood as territorial autonomies proper. At the same time, the territorial autonomies can be distinguished from federally organized sub-state entities.
Download or read book Lost in China written by Carol A. G. Jones and published by Cambridge University Press. This book was released on 2015-04-30 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt: Rule of law is a core Hong Kong value, providing a defensive wall around the territory and protecting its way of life against 'mainlandisation'. Before the 1997 retrocession to China, fears were widespread that the rights and freedoms enjoyed under colonial rule would be eroded, that the rule of law would be weakened and that corruption would increase. Soon, the first blows were struck against the rule of law via an NPCSC ruling which overturned the judgment of the Court of Final Appeal. Successive interventions by Beijing in Hong Kong's legal and political affairs have given rise to fears about the loss of the rule of law and loss of identity. These fears have subsequently provoked mass street demonstrations, including the 'Umbrella Revolution' of 2014. But, as this book shows, Hong Kongers also use less explicit arts of resistance to maintain their identity.
Download or read book Routledge Handbook of Contemporary Hong Kong written by Tai-lok Lui and published by Routledge. This book was released on 2018-07-17 with total page 638 pages. Available in PDF, EPUB and Kindle. Book excerpt: When Britain and China negotiated the future of Hong Kong in the early 1980s, their primary concern was about maintaining the status quo. The rise of China in the last thirty years, however, has reshaped the Beijing-Hong Kong dynamic as new tensions and divisions have emerged. Thus, post-1997 Hong Kong is a case about a global city’s democratic transition within an authoritarian state. The Routledge Handbook of Contemporary Hong Kong introduces readers to these key social, economic, and political developments. Bringing together the work of leading researchers in the field, it focuses on the process of transition from a British colony to a Special Administrative Region under China’s sovereign rule. Organized thematically, the sections covered include: ‘One Country, Two Systems’ in practice Governance in post-colonial Hong Kong Social mobilization The changing social fabric of Hong Kong society Socio-economic development and regional integration The future of Hong Kong. This book provides a thorough introduction to Hong Kong today. As such, it will be invaluable to students and scholars of Hong Kong’s politics, culture and society. It will also be of interest to those studying Chinese political development and the impact of China’s rise more generally.
Download or read book The Constitutional System of the Hong Kong SAR written by Albert H Y Chen and published by Bloomsbury Publishing. This book was released on 2023-08-17 with total page 225 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Socio Economic Rights in Emerging Free Markets written by Surya Deva and published by Routledge. This book was released on 2015-09-25 with total page 393 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the last decade or so, China and India have emerged on the global stage as two powerful free market economies. The tremendous economic growth in China and India has meant that they have been able to lift millions of people out of the poverty trap. This growth has not, however, been without problems. Apart from worrying levels of environmental pollution, a significant number of people are still struggling to live a decent life as they do not have adequate access to basic needs such as food, health services, education, water, and housing. The traditional old age support mechanism is collapsing amidst push for urbanisation and the practice of nuclear families, while the alternative social security system has not been put in place. Both China and India stress the importance of socio-economic rights, have ratified the International Covenant on Economic, Social and Cultural Rights and have in place a strong legal framework for the realisation of such rights. The constitutions of China and India accord significant importance to socio-economic rights and the both countries have numerous laws, regulations and policies that seek to implement various socio-economic rights. This book investigates how the gradual adoption of free market ideology has impacted on the realisation of socio-economic rights in both India and China and how the constitutional and legal frameworks have made necessary adjustments. Chapters in this volume, which are written by academics of international standing, explore how these two countries have tried to overcome certain common governance challenges in realising socio-economic rights. The role played by courts in India and China in the protection and realisation of socio-economic rights is considered along with the use and limitations of public interest litigation in achieving these rights. Finally, the effectiveness of measures in realising socio-economic rights are evaluated in relation to specific rights such as the rights to food, health, education, social security, and gender equality.
Download or read book Hybrid Constitutionalism written by Eric C. Ip and published by Cambridge University Press. This book was released on 2019-04-25 with total page 301 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first book that focuses on the entrenched, fundamental divergence between the Hong Kong Court of Final Appeal and Macau's Tribunal de Última Instância over their constitutional jurisprudence, with the former repeatedly invalidating unconstitutional legislation with finality and the latter having never challenged the constitutionality of legislation at all. This divergence is all the more remarkable when considered in the light of the fact that the two Regions, commonly subject to oversight by China's authoritarian Party-state, possess constitutional frameworks that are nearly identical; feature similar hybrid regimes; and share a lot in history, ethnicity, culture, and language. Informed by political science and economics, this book breaks new ground by locating the cause of this anomaly, studied within the universe of authoritarian constitutionalism, not in the common law-civil law differences between these two former European dependencies, but the disparate levels of political transaction costs therein.
Download or read book Chinese Taiwan Yearbook of International Law and Affairs Volume 31 2013 written by Ying-jeou Ma and published by BRILL. This book was released on 2015-11-24 with total page 422 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Chinese (Taiwan) Yearbook of International Law and Affairs includes articles and international law materials relating to the Asia-Pacific and the Republic of China on Taiwan. This volume discusses issues on Cross-Straits relations, Hong Kong, South China Sea disputes, and Japanese cases relating to war compensation. It provides a detailed account of the 2013 Guang Da Xing No. 28 incident and Taiwan’s participation in the International Civil Aviation Organization and free trade agreements with New Zealand and Singapore.
Download or read book Critique of Hong Kong Nativism written by Jie Zhu and published by Springer. This book was released on 2019-01-30 with total page 176 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book focuses on the separatist trend in Hong Kong, which it approaches by drawing on historical studies, political analysis, social studies and legal analysis. It offers a comprehensive and interdisciplinary guide to the topic, addressing the historical evolution of “Hong Kong Nativism,” the theoretical connotations and fallacies of “Hong Kong Independence,” and the legal measures taken to forestall it. Written by mainland scholars who approach the subject matter from a legal perspective, the book offers revealing insights for all students and researchers who are interested in Hong Kong Basic Law and the current political situation in Hong Kong.
Download or read book Asian Courts in Context written by Jiunn-rong Yeh and published by Cambridge University Press. This book was released on 2015 with total page 633 pages. Available in PDF, EPUB and Kindle. Book excerpt: Analyzes courts in fourteen selected Asian jurisdictions to provide the most up-to-date and comprehensive interdisciplinary book available.
Download or read book Hong Kong s Court of Final Appeal written by Simon N. M. Young and published by Cambridge University Press. This book was released on 2014 with total page 739 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the years since it was established on 1 July 1997, Hong Kong's Court of Final Appeal has developed a distinctive body of new law and doctrine with the help of eminent foreign common law judges. Under the leadership of Chief Justice Andrew Li, it has also remained independent under Chinese sovereignty and become a model for other Asian final courts working to maintain the rule of law, judicial independence and professionalism in challenging political environments. In this book, leading practitioners, jurists and academics examine the Court's history, operation and jurisprudence, and provide a comparative analysis with European courts and China's other autonomous final court in Macau. It also makes use of extensive empirical data compiled from the jurisprudence to illuminate the Court's decision-making processes and identify the relative impacts of the foreign and local judges.
Download or read book How China s System of Higher Education Works written by Benjamin J. Green and published by Taylor & Francis. This book was released on 2023-04-28 with total page 249 pages. Available in PDF, EPUB and Kindle. Book excerpt: Green sheds light onto the mercurial and ill-defined boundaries of institutional governance within China’s unique system of higher education, a national system that remains misunderstood by scholars who continue to position it as little more than a research arm of the party/state. Through a synthesis of systems theory, complexity theory, and institutional logics, Green provides a relational accounting of "Higher Education with Chinese Characteristics" – a complex, adaptive social system whose paradoxical modernization ideology of pragmatic instrumentalism, in conjunction with a centralized-decentralized governance model, foments rational chaos at the institutional level. Specifically, his book highlights the concept of rational chaos – an observable phenomenon of evolutionary emergence experienced by subaltern actors engaged with the confusing and often paradoxical institutional logics of meso/micro-level governance. Moreover, developed through in-depth narrative interviews, Green’s conceptualization of collective-individualism provides a glimpse into the diverse patterns of identity that have developed within a single institutional governance context. These discrete identity formations, patterned through varying understandings of individual self-determinism, collective role fulfillment, norms and structures of governance, and subsequent changemaking efforts, call into question culturally deterministic research surrounding self-mastery, institutional autonomy, and academic freedom within the Chinese higher education context. His book highlights a subaltern institutional lifeworld accounting of higher education governance that will speak to anyone grappling with neoliberal commodification, managerialism, academic nationalism and the increasing onset of transnational academic (im)mobility. It is ideal for students and scholars of international comparative education, higher education governance, and Chinese studies.
Download or read book Comparative Constitutional History written by Francesco Biagi and published by BRILL. This book was released on 2020-07-27 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: While comparative constitutional law is a well-established field, less attention has been paid so far to the comparative dimension of constitutional history. The present volume, edited by Francesco Biagi, Justin O. Frosini and Jason Mazzone, aims to address this shortcoming by bringing focus to comparative constitutional history, which holds considerable promise for engaging and innovative work along several key avenues of inquiry. The essays contained in this volume focus on the origins and design of constitutional governments and the sources that have impacted the ways in which constitutional systems began and developed, the evolution of the principle of separation of powers among branches of government, as well as the origins, role and function of constitutional and supreme courts. Contributors: Mark Somos, Gohar Karapetian, Justin O. Frosini, Viktoriia Lapa, Miguel Manero de Lemos, Francesco Biagi, Catherine Andrews, Gonçalo de Almeida Ribeiro, Mario Alberto Cajas-Sarria, and Fabian Duessel.
Download or read book Regional Approaches to the Protection of Asylum Seekers written by Ademola Abass and published by Routledge. This book was released on 2016-04-08 with total page 408 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents a comprehensive assessment of regional responses to the crisis in the asylum/refugee system and critically examines how different regions tackle the problem. The chapters consider the fundamental challenges which undermine an effective asylum process as well as regional difficulties with the various circumstances surrounding asylum seekers. With contributions on Africa, Europe, Latin America, South Asia and the Middle East, and the Pacific, the collection strives to appreciate what informs each region’s approach to the asylum process and asks if there are issues common to every region and if regions can learn from one another. The book seeks an understanding of the existing legal regime for the protection of asylum seekers and how regional institutions such as human rights commissions and regional courts enforce and adjudicate the law. The volume will be valuable to those interested in international law, migration and human rights.
Download or read book The Changing Legal Orders in Hong Kong and Mainland China Essays on One Country Two Systems written by Albert H.Y. Chen and published by City University of HK Press. This book was released on 2021-03 with total page 440 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of selected works by Professor Albert H.Y. Chen shows the contours of the author’s scholarship as it developed over 35 years of his academic career, from 1984 to the present. The essays are divided into three sections which cover the three major domains of Professor Chen’s research. Part I covers the legal developments and controversies of “One Country, Two Systems” since the Hong Kong interpretation on “the right of abode” in 1999 to the anti-extradition movement of 2019. Part II shifts to focus on tradition and modernity in Chinese Law, including China’s Confucian and Legalist traditions and how the socialist legal system in China evolved and modernized in the era of “reform and opening”. Part III examines the transplantation of Western thinking and constitutionalism to East Asia in modern times and discusses the achievements and failures of these efforts. In conjunction with an introductory chapter that sets out the basic orientation and paradigm of these legal and constitutional studies and an epilogue that reflects on the main themes, this collection exemplifies the author’s important contributions to the field and provides insight into how the legal orders in Hong Kong and mainland China have changed over the course of Professor Chen’s academic career.
