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| Author | : Michael C. Davis |
| Publisher | : Springer |
| Total Pages | : 226 |
| Release | : 2016-01-03 |
| Genre | : Political Science |
| ISBN | : 1349203955 |
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.
| Author | : Johannes M.M. Chan |
| Publisher | : Hong Kong University Press |
| Total Pages | : 549 |
| Release | : 2000-02-01 |
| Genre | : Law |
| ISBN | : 9622095097 |
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.
| Author | : Robert A. Burt |
| Publisher | : Harvard University Press |
| Total Pages | : 492 |
| Release | : 1992 |
| Genre | : Law |
| ISBN | : 9780674165366 |
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.
| Author | : Brian Christopher Jones |
| Publisher | : Taylor & Francis |
| Total Pages | : 242 |
| Release | : 2017-03-27 |
| Genre | : Law |
| ISBN | : 131715715X |
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.
| Author | : Ian Scott |
| Publisher | : Springer |
| Total Pages | : 263 |
| Release | : 2016-07-27 |
| Genre | : Political Science |
| ISBN | : 134926296X |
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.
| Author | : Richard Albert |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 267 |
| Release | : 2019-10-17 |
| Genre | : Law |
| ISBN | : 150993099X |
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.
| Author | : Graeme Johnston |
| Publisher | : |
| Total Pages | : 854 |
| Release | : 2017 |
| Genre | : Conflict of laws |
| ISBN | : 9789626618837 |
| Author | : Ralf Horlemann |
| Publisher | : Routledge |
| Total Pages | : 335 |
| Release | : 2003-09-02 |
| Genre | : History |
| ISBN | : 1134434103 |
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.
| Author | : Michael Davis |
| Publisher | : |
| Total Pages | : |
| Release | : 2020-10 |
| Genre | : |
| ISBN | : 9781952636134 |
How 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 |
| Total Pages | : 344 |
| Release | : 2017-07-28 |
| Genre | : Education |
| ISBN | : 1315498154 |
International 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.
