National Security and Fundamental Freedoms

National Security and Fundamental Freedoms
Author: Hualing Fu
Publisher: Hong Kong University Press
Total Pages: 540
Release: 2005-03-01
Genre: Law
ISBN: 9789622097322

There has been intense interest in the proposals to implement Article 23, both in Hong Kong and abroad. This book will be valuable to anyone who has followed or participated in that debate or has an interest in the delicate balance between civil liberties and national security. The book will be particularly useful for legislators, policy-makers, lawyers, journalists, historians, teachers, and students, especially in the fields of law and the social sciences. The statutory Appendix will assist teachers and students to draw comparisons between existing law and the government's proposals. In 2003 more than 500,000 people marched in Hong Kong against the National Security (Legislative Provisions) Bill, which would have prohibited treason, sedition, secession, and subversion against the national government of China and included new mechanisms for proscribing political organisations. This edited collection analyses that legislation, particularly the implications for civil liberties and the one country two systems model. Although the massive protest compelled the Hong Kong government to withdraw the Bill from the legislature in 2003, it will likely propose similar legislation in the future because Hong Kong has a constitutional obligation to implement Article 23 of the Basic Law. The book provides detailed and balanced commentary on the Bill, explains why certain proposals proved so controversial, and offers concrete recommendations on how to improve the proposals before the next legislative exercise. Fu Hualing is an Associate Professor and Director of the Centre for Comparative and Public Law, Faculty of Law, of the University of Hong Kong. His research interests include social legal studies, human rights and criminology. He has an LLB from Southwestern University of Law and Politics (China), an MA from the University of Toronto (Canada) and a doctorial degree from Osgoode Hall Law School (Canada). Carole J. Petersen is an Associate Professor and a former Director of the Centre for Comparative and Public Law, Faculty of Law, of the University of Hong Kong. She has been teaching law in Hong Kong since 1989, specializing in constitutional law, human rights, and anti-discrimination law. She has a BA from the University of Chicago, a JD from Harvard Law School, and a Post-graduate Diploma in the Law of the People’s Republic of China from the University of Hong Kong. Simon N. M. Young is an Associate Professor and Deputy Director of the Centre for Comparative and Public Law, Faculty of Law, of the University of Hong Kong. He teaches criminal law, evidence and legal aspects of white collar crime. Previously, he was Counsel in the Crown Law Office-Criminal, Ministry of the Attorney General for Ontario, in Toronto, Canada. He obtained his LLB from the University of Toronto and his LLM from Cambridge University. “This collection of essays on the saga of Hong Kong’s efforts to address the mandate of Article 23 in the Basic Law of the Hong Kong Special Administrative Region and related matters is likely to be an extremely useful resource for a number of audiences. These include those directly engaged with the issue of legislation and policymaking in Hong Kong in both public institutions and in the community; those who have an interest in the development of Hong Kong’s political and legal system and its relationship to the system of Mainland China; and those with an interest in national security and anti-terrorism legislation more generally, from a comparative perspective. The overall quality and range of the contributions is strong. The topic itself is a current and important one, and the collection is an important contribution to the field.” — Andrew Byrnes, Professor of Law, Australian National University “The debate on legislation to ensure the sovereignty and security of the PRC against threats from Hong Kong was a turning point in the Special Administrative Region’s political history. It showed that while some Hong Kong residents may have reservations about democracy, human rights are cherished by almost all. It also showed that people can influence policy even without formal institutions of democracy. The authors of this book played a leading role in the debate, clarifying the legal issues, which was critical to an informed debate.” — Yash Ghai, Sir Y.K. Pao Professor of Public Law, University of Hong Kong

Freedom of Religion or Belief

Freedom of Religion or Belief
Author: Paul T. Babie
Publisher: Edward Elgar Publishing
Total Pages: 416
Release: 2020-05-29
Genre: Law
ISBN: 1788977807

Using the metaphor of ‘constitutional space’, this thought-provoking book describes the confluence and convergence of powers in a constitutional system, comprised of the principled exercise of the legislative, executive and judicial powers of constitutional government. Addressing the issues surrounding the freedom of religion or belief, the book explores the dimensions of constitutional space and the content of this freedom, as well as comparative approaches to defining and protecting this freedom.

Fundamental Freedoms

Fundamental Freedoms
Author: History An Facing History and Ourselves
Publisher: Facing History & Ourselves National Foundation, Incorporated
Total Pages: 280
Release: 2010-04-30
Genre: History
ISBN: 9780981954325

Eleanor Roosevelt played a pivotal role in creating the Universal Declaration of Human Rights (UDHR) in the aftermath of World War II and the Holocaust. Following the death of her husband, President Franklin D. Roosevelt, she participated in the birth of the United Nations and embraced a new role, advocating across the globe for human rights. Using original sources, this resource documents Eleanor's development into a diplomat and renowned human rights leader of the twentieth century, and shows the challenges and determination required to realize the UDHR.

A Fundamental Freedom

A Fundamental Freedom
Author: David Lampo
Publisher: Rowman & Littlefield Publishers
Total Pages: 212
Release: 2012-06-08
Genre: Political Science
ISBN: 1442215739

It is an axiom of modern American politics that many Republicans and most conservatives are not only anti-gay but that they have capitulated to an anti-gay agenda formulated and pursued by the religious right for the past several decades. In A Fundamental Freedom, David Lampo makes the case that support for gay rights will provide long-term political benefits for the GOP and the conservative movement. He argues that an anti-gay agenda succinctly exposes the hypocrisy of those who talk of limited government and individual rights but ignore both when it comes to gay rights and other personal freedom issues. Indeed, it is the defenders of gay rights within Republican ranks who are keeping faith with core conservative principles. He also presents a variety of polling data that show that rank-and-file Republicans, including many Tea Party supporters, are far more supportive of gay rights than commonly presumed. Lampo’s call to embrace gay rights is sure to be hotly debated within the conservative movement.

European Fundamental Rights and Freedoms

European Fundamental Rights and Freedoms
Author: Dirk Ehlers
Publisher: Walter de Gruyter
Total Pages: 645
Release: 2011-12-07
Genre: Law
ISBN: 3110971968

The ever increasing relevance of European law which involves replacement or supplementation of and interaction with national law not only affects the states in Europe but also, and foremost, the citizens. The rights of the citizens in Europe are protected by the European Fundamental Rights and Freedoms. The aim of this textbook is to grasp and illustrate the meaning of these rights and to integrate it into a coherent system. For this purpose the book not only deals with the pertinent law of the European Union and the European Community, but also with the European Convention for the Protection of Human Rights and Fundamental Freedoms which, too, is becoming more and more important. In addition, regard is had to the Charter of Fundamental Rights of the Union which forms part of the Treaty establishing a Constitution for Europe. Although the Charter is not yet legally binding since the Constitution has not been ratified by all EU Member States, the Community Courts already make reference to it as a concentrate of the constitutional traditions common to the Member States. It therefore does not seem entirely unlikely that the Charter might be included into the existing Treaties irrespective of the future constitutional developments on the EU level. On a similar anticipatory basis the book also takes into account those Protocols to the European Convention for the Protection of Human Rights and Fundamental Freedoms that have not yet entered into force.