Interpreting Hong Kong S Basic Law The Struggle For Coherence
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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.
European Yearbook Of Constitutional Law 2020
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Author : Ernst Hirsch Ballin
language : en
Publisher: Springer Nature
Release Date : 2021-03-27
European Yearbook Of Constitutional Law 2020 written by Ernst Hirsch Ballin and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-03-27 with Law categories.
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.
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
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
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.
Lost In China
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Author : Carol A. G. Jones
language : en
Publisher: Cambridge University Press
Release Date : 2015-04-30
Lost In China written by Carol A. G. Jones 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 2015-04-30 with History categories.
Since 1997, the walls of law around Hong Kong have come under attack. This book examines the strategies of resistance.
Routledge Handbook Of Contemporary Hong Kong
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Author : Tai-lok Lui
language : en
Publisher: Routledge
Release Date : 2018-07-17
Routledge Handbook Of Contemporary Hong Kong written by Tai-lok Lui and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-07-17 with Political Science categories.
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.
Critique Of Hong Kong Nativism
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Author : Jie Zhu
language : en
Publisher: Springer
Release Date : 2019-01-30
Critique Of Hong Kong Nativism written by Jie Zhu and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-01-30 with Law categories.
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.
The Constitutional System Of The Hong Kong Sar
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Author : Albert H Y Chen
language : en
Publisher: Bloomsbury Publishing
Release Date : 2023-08-17
The Constitutional System Of The Hong Kong Sar written by Albert H Y Chen and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-08-17 with Law categories.
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.
Socio Economic Rights In Emerging Free Markets
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Author : Surya Deva
language : en
Publisher: Routledge
Release Date : 2015-09-25
Socio Economic Rights In Emerging Free Markets written by Surya Deva and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-09-25 with Law categories.
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.