Constitutional Confrontation in Hong Kong PDF Download

Author: Michael C. Davis
Publisher: Springer
ISBN: 1349203955
Category : Political Science
Languages : en
Pages : 226

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Book Description
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
ISBN: 9622095097
Category : Law
Languages : en
Pages : 549

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Book Description
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
ISBN: 9780674165366
Category : Law
Languages : en
Pages : 492

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Book Description
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: Wenmin Chen (professor.)
Publisher:
ISBN: 9789626614433
Category : Constitutional law
Languages : en
Pages : 1011

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Book Description

Author: Michael Davis
Publisher:
ISBN: 9781952636134
Category :
Languages : en
Pages :

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Book Description
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
ISBN: 1315498154
Category : Education
Languages : en
Pages : 344

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Book Description
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.

Author: Graeme Johnston
Publisher:
ISBN: 9789626618837
Category : Conflict of laws
Languages : en
Pages : 854

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Author: H. Fu
Publisher: Springer
ISBN: 0230610366
Category : Political Science
Languages : en
Pages : 260

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Book Description
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.

Author: Ming K. Chan
Publisher: Scarecrow Press
ISBN: 1461672287
Category : History
Languages : en
Pages : 426

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Book Description
The Hong Kong Special Administrative Region of the People's Republic of China is located on the southeastern coast of China, and the Macao SAR can be found off of China's southern coast. Both regions have recently been released from European colonial rule: Hong Kong from British control in 1997 and Macao from Portugal in 1999. As SARs, Hong Kong and Macao retain a high degree of autonomy, and they control all issues except those of state (e.g. diplomatic relations and national defense). The A to Z of the Hong Kong SAR and the Macao SAR includes maps, photographs, a list of acronyms, a chronology, an introductory essay, a bibliography, and hundreds of cross-referenced dictionary entries on important persons, places, and events as well as political, economic and social background. However, unlike the rest of the series, all these sections are presented in duplicate: one for Hong Kong and one for Macao. The authoritative analysis and informative data presented clearly elucidate the unique situation of these two territories.

Author: Ralf Horlemann
Publisher: Routledge
ISBN: 1134434103
Category : History
Languages : en
Pages : 335

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Book Description
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.