Interpreting Hong Kong S Basic Law
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Interpreting Hong Kong S Basic Law
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Author : Hualing Fu
language : en
Publisher: Palgrave MacMillan
Release Date : 2007-12-15
Interpreting Hong Kong S Basic Law written by Hualing Fu and has been published by Palgrave MacMillan this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007-12-15 with Education categories.
Legislative history, original intent, and the interpretation of the Basic Law / Simon N.M. Young -- Embracing universal standards? : the role of international human rights treaties in Hong Kong's constitutional jurisprudence / Carole J. Petersen -- Constitutionalism in the shadow of the common law : the dysfunctional interpretive politics of Article 8 of the Hong Kong Basic Law / Michael W. Dowdle -- Interpreting constitutionalism and democratisation in Hong Kong / Michael C. Davis -- Forcing the dance : interpreting the Hong Kong Basic Law dialectically / Robert J. Morris -- The political economy of interpretation / Yash Ghai -- One term, two interpretations : the justifications and the future of Basic Law interpretation / Lin Feng and P.Y. Lo -- Rethinking judicial reference : barricades at the gateway? / P.Y. Lo -- Formalism and commitment in Hong Kong's constitutional development / Yu Xingzhong -- Of iron or rubber? : people's deputies of Hong Kong to the National People's Congress / Hualing Fu and D.W. Choy --Legislative interpretation by China's National People's Congress Standing Committee : a power with roots in the Stalinist conception of law / Sophia Woodman -- China's constitutionalism / Lison Harris.
Interpreting Hong Kong S Basic Law The Struggle For Coherence
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Author : H. Fu
language : en
Publisher: Springer
Release Date : 2007-12-25
Interpreting Hong Kong S Basic Law The Struggle For Coherence written by H. Fu and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007-12-25 with Political Science categories.
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.
Introduction To The Hong Kong Basic Law
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Author : Danny Gittings
language : en
Publisher: Hong Kong University Press
Release Date : 2013-07-01
Introduction To The Hong Kong Basic Law written by Danny Gittings and has been published by Hong Kong University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-07-01 with Law categories.
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
The Judicial Construction Of Hong Kong S Basic Law
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Author : Lo Pui Yin
language : en
Publisher: Hong Kong University Press
Release Date : 2014-02-13
The Judicial Construction Of Hong Kong S Basic Law written by Lo Pui Yin and has been published by Hong Kong University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-02-13 with Law categories.
China has granted Hong Kong a high degree of autonomy through the Basic Law under the principle of “one country, two systems”. Hong Kong’s legal system under the Basic Law is based on the common law and is administered by independent courts. By interpreting the Basic Law, Hong Kong’s courts have reviewed legislation and executive decisions, and have achieved a “second founding” of the Basic Law as an enforceable constitution. This book is the first comprehensive account of how the Hong Kong courts gained this vital power of judicial review. Through an analysis of important court cases since 1997, the book also examines how the Hong Kong courts maintain their relationships with the executive and legislature, and with China’s Central Authorities, which have been sceptical of these achievements. Hong Kong’s unique status as a common law jurisdiction within socialist China poses risks of integration: this book concludes that the best choice lies in maintaining and developing a cosmopolitan judicial outlook. “This book will become the definitive account of the judicial role in Hong Kong after 1997. Writing with great flair, Dr. Lo provides a richly contextual story of judges making great use of a novel legal arrangement to tread new ground. This thorough work of scholarship is a must-read for students of Hong Kong law, as well as those interested in China and comparative judicial politics more broadly.” —Tom Ginsburg, Leo Spitz Professor of International Law, University of Chicago Law School “Lo Pui Yin has written a comprehensive and sophisticated introduction to the major cases and jurisprudence of the Hong Kong courts. Engaging important current controversies, he offers a powerful defence of the present system of constitutional review, resting on Hong Kong’s common law tradition.” —Mark Tushnet, William Nelson Cromwell Professor of Law, Harvard Law School “This is a thoughtful and scholarly account of an important topic—the construction of the Basic Law by the HKSAR courts. This is a question of vital importance to Hong Kong but it should also be of interest and importance to Mainland legal scholarship. Moreover, the comparative constitutional lawyers across the world will be intrigued by this rigorous and perceptive account of the bridge between the common law of Hong Kong and the legal system of the PRC.” —Christopher Forsyth, Professor of Public Law and Private International Law, University of Cambridge “Lo Pui Yin has produced a monumental book, of great learning, profound research and insightful reflections on the efforts of Hong Kong’s judiciary in maintaining the rule of law within the framework of the Basic Law, developing its jurisdiction and jurisprudence with great skill, learning, and, now, a bit of tact. Lo’s mastery of the case law is unrivalled and his legal and political analysis masterly.” —Yash Ghai, Emeritus Professor, University of Hong Kong, and author of Hong Kong’s New Constitutional Order
Hong Kong S New Constitutional Order
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Author : Yash Ghai
language : en
Publisher: Hong Kong University Press
Release Date : 1997-05-01
Hong Kong S New Constitutional Order written by Yash Ghai and has been published by Hong Kong University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1997-05-01 with Law categories.
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.
Law Of The Hong Kong Constitution
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Author : Wenmin Chen (professor.)
language : en
Publisher:
Release Date : 2011
Law Of The Hong Kong Constitution written by Wenmin Chen (professor.) and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011 with Constitutional law categories.
The Hong Kong Legal System
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Author : Stefan H. C. Lo
language : en
Publisher: Cambridge University Press
Release Date : 2020
The Hong Kong Legal System written by Stefan H. C. Lo and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020 with Law categories.
Offers an accessible overview of Hong Kong's legal system and guides first-year law students in legal research and methods.
Sub State Governance Through Territorial Autonomy
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Author : Markku Suksi
language : en
Publisher: Springer Science & Business Media
Release Date : 2011-07-17
Sub State Governance Through Territorial Autonomy written by Markku Suksi and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-07-17 with Law categories.
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.
Law And Legal Institutions Of Asia
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Author : E. Ann Black
language : en
Publisher: Cambridge University Press
Release Date : 2011-03-10
Law And Legal Institutions Of Asia written by E. Ann Black and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-03-10 with Law categories.
The study of Asia and its plural legal systems is of increasing significance, both within and outside Asia. Lawyers, whether in Australia, America or Europe, or working within an Asian jurisdiction, require a sound knowledge of how the law operates across this fast-growing and diverse region. Law and Legal Institutions of Asia is the first book to offer a comprehensive assessment of eleven key jurisdictions in Asia - China, Hong Kong, Taiwan, Japan, Korea, Vietnam, Malaysia, Indonesia, Brunei Darussalam, Singapore and the Philippines. Written by academics and practitioners with particular expertise in their state or territory, each chapter uses a breakthrough approach, facilitating cross-jurisdictional comparisons and giving essential insights into how law functions in different ways across the region and in each of the individual jurisdictions.
Asian Data Privacy Laws
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Author : Graham Greenleaf
language : en
Publisher: OUP Oxford
Release Date : 2014-10-16
Asian Data Privacy Laws written by Graham Greenleaf and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-10-16 with Law categories.
The first work to examine data privacy laws across Asia, covering all 26 countries and separate jurisdictions, and with in-depth analysis of the 14 which have specialised data privacy laws. Professor Greenleaf demonstrates the increasing world-wide significance of data privacy and the international context of the development of national data privacy laws as well as assessing the laws, their powers and their enforcement against international standards. The book also contains a web link to an update to mid-2017.