The Changing Legal Orders in Hong Kong and Mainland China: Essays on “One Country, Two Systems”

The Changing Legal Orders in Hong Kong and Mainland China: Essays on “One Country, Two Systems”
Author :
Publisher : City University of HK Press
Total Pages : 440
Release :
ISBN-10 : 9789629374501
ISBN-13 : 9629374501
Rating : 4/5 (01 Downloads)

Synopsis The Changing Legal Orders in Hong Kong and Mainland China: Essays on “One Country, Two Systems” by : Albert H.Y. Chen

This collection of selected works by Professor Albert H.Y. Chen shows the contours of the author’s scholarship as it developed over 35 years of his academic career, from 1984 to the present. The essays are divided into three sections which cover the three major domains of Professor Chen’s research. Part I covers the legal developments and controversies of “One Country, Two Systems” since the Hong Kong interpretation on “the right of abode” in 1999 to the anti-extradition movement of 2019. Part II shifts to focus on tradition and modernity in Chinese Law, including China’s Confucian and Legalist traditions and how the socialist legal system in China evolved and modernized in the era of “reform and opening”. Part III examines the transplantation of Western thinking and constitutionalism to East Asia in modern times and discusses the achievements and failures of these efforts. In conjunction with an introductory chapter that sets out the basic orientation and paradigm of these legal and constitutional studies and an epilogue that reflects on the main themes, this collection exemplifies the author’s important contributions to the field and provides insight into how the legal orders in Hong Kong and mainland China have changed over the course of Professor Chen’s academic career.

One Country, Two Systems, Three Legal Orders - Perspectives of Evolution

One Country, Two Systems, Three Legal Orders - Perspectives of Evolution
Author :
Publisher : Springer Science & Business Media
Total Pages : 810
Release :
ISBN-10 : 9783540685722
ISBN-13 : 3540685723
Rating : 4/5 (22 Downloads)

Synopsis One Country, Two Systems, Three Legal Orders - Perspectives of Evolution by : Jorge Oliveira

“One Country, Two Systems, Three Legal Orders” – Perspectives of Evolution – : Essays on Macau’s Autonomy after the Resumption of Sovereignty by China” can be said, in a short preamble-like manner, to be a book that provides a comprehensive look at several issues regarding public law that arise from, or correlate with, the Chinese apex motto for reunification – One Country, Two Systems – and its implementation in Macau and Hong Kong. Noble and contemporary themes such as autonomy models and fundamental rights are thoroughly approached, with a multilayered analysis encompassing both Western and Chinese views, and an extensive comparative law acquis is also brought forward. Furthermore, relevant issues on international law, criminal law, and historical and comparative evolutions and interactions of different legal s- tems are laid down in this panoramic, yet comprehensive book. One cannot but underline the presence, in the many approaches and comments, of a certain aura of a modern Kantian cosmopolitanism revisitation throughout the work, especially when dealing with the cardinal principle of «One Country, Two Systems», which enabled a peaceful and integral reunification ex vi international law – the Joint Declarations – that ended an external and distant control.

The New Legal Order in Hong Kong

The New Legal Order in Hong Kong
Author :
Publisher :
Total Pages : 0
Release :
ISBN-10 : 9622095089
ISBN-13 : 9789622095083
Rating : 4/5 (89 Downloads)

Synopsis The New Legal Order in Hong Kong by : Raymond Wacks

As Hong Kong enters its third year under Chinese rule, the prognosis for the common law remains uncertain. Can the improbable doctrine of 'one country, two systems' be made to work? Will the political controversies that continue to bedevil the territory u

Contemporary Hong Kong Government and Politics, Third Edition

Contemporary Hong Kong Government and Politics, Third Edition
Author :
Publisher : Hong Kong University Press
Total Pages : 467
Release :
ISBN-10 : 9789888842872
ISBN-13 : 9888842870
Rating : 4/5 (72 Downloads)

Synopsis Contemporary Hong Kong Government and Politics, Third Edition by : Lam Wai-man

In the third edition of Contemporary Hong Kong Government and Politics, Lam Wai-man, Percy Luen-tim Lui, Wilson Wong, and various contributors provide the latest analyses in many aspects of Hong Kong’s government and politics, such as political institutions, mediating institutions, and political actors. They also discuss specific policy areas such as political parties and elections, civil society, political identity and political culture, the mass media, and public opinions after the Umbrella Movement in 2014. The book also evaluates the latest developments in Hong Kong’s relationship with Mainland China and the international community. This new edition offers an up-to-date and comprehensive analysis of the main continuities and changes in the above aspects since 2014. This volume will help its readers grasp a basic understanding of Hong Kong’s political developments in the last ten years.

Towards a Model Sales Law in the Greater Bay Area

Towards a Model Sales Law in the Greater Bay Area
Author :
Publisher : Edward Elgar Publishing
Total Pages : 209
Release :
ISBN-10 : 9781035317424
ISBN-13 : 1035317427
Rating : 4/5 (24 Downloads)

Synopsis Towards a Model Sales Law in the Greater Bay Area by : Hao Jiang

This book analyses the complex system of contract law operating in the Greater Bay Area and examines the independent legal systems of Hong Kong, Macau and China in light of the region’s rapid economic integration. The book explores the differences between these systems in theory and in practice, and identifies the challenges and pathways to legal harmonisation in the region.

Legal Reform in the Contemporary Socialist World

Legal Reform in the Contemporary Socialist World
Author :
Publisher : Oxford University Press
Total Pages : 368
Release :
ISBN-10 : 9780192671585
ISBN-13 : 0192671588
Rating : 4/5 (85 Downloads)

Synopsis Legal Reform in the Contemporary Socialist World by : Ngoc Son Bui

Legal Reform in the Contemporary Socialist World explores four decades of legal reform in the socialist countries of China, Vietnam, Laos, North Korea, and Cuba from a comparative perspective. Spanning the late 1970s to the present, it examines various projects, methods, strategies, contents, driving forces, and limitations of legislative reform, administrative reform, judicial reform, and reform of the legal profession. Legal reform in these countries is the project of the political elite to improve the legal system while retaining its core socialist principles. It is carried out through legislative enactments, amendments, and replacements, which the political elite adopt using incremental strategies to reform the legal system sporadically or systematically. Socialist legal reform is animated by the political aspiration to create the rule of law, the impact of social-economic change, and the influence of transnational and comparative law. Despite significant reforms, the socialist principles of the legal systems in these countries largely remain intact. This legal reform, however, varies considerably by country. Legal Reform in the Contemporary Socialist World offers a holistic view of understudied jurisdictions in comparative law, essential for anyone studying or working in these areas in law, politics, or policy.

The New Legal Order in Hong Kong

The New Legal Order in Hong Kong
Author :
Publisher : Hong Kong University Press
Total Pages : 710
Release :
ISBN-10 : 9789622095076
ISBN-13 : 9622095070
Rating : 4/5 (76 Downloads)

Synopsis The New Legal Order in Hong Kong by : Raymond Wacks

As Hong Kong enters its third year under Chinese rule, the prognosis for the common law remains uncertain. Can the improbable doctrine of 'one country, two systems' be made to work? Will the political controversies that continue to bedevil the territory undermine the rule of law and the integrity of the legal order? The 21 essays in this important new collection consider these, and many other, questions. The first part examines several problems that lie at the heart of the Basic Law's promise of legal continuity. Hong Kong's economic order and its legal buttresses are analysed in Part 2, while the essays in Part 3 trace the shifts in social values as reflected both in Chinese and Hong Kong law. Though they embrace a wide area, the contributions to this volume suggest that, while many problems lie ahead, Hong Kong's law and legal system seem adequately entrenched to endure well into the future. Raymond Wacks is Professor of Law and Legal Theory at the University of Hong Kong. He is an international authority on the legal protection of privacy, and has also published widely in the field of legal theory. Professor Wacks has edited several books on Hong Kong law and human rights. His recent books include Privacy and Press Freedom (1995). The fifth edition of his text, Jurisprudence will appear in early 2000. “(B)y far the most comprehensive study of the post-1997 legal order I have come across, covering nearly all the subjects which the Basic Law touches upon... (I)t contains much insightful analysis of the historical development and future issues surrounding each topic... A very valuable contribution to scholarship... Far more importantly, there is no collection that comes close to such an array of good analysis on so many topics.” — Anthony Neoh, SC, Visiting Professor, Peking University

The Constitutional System of the Hong Kong SAR

The Constitutional System of the Hong Kong SAR
Author :
Publisher : Bloomsbury Publishing
Total Pages : 225
Release :
ISBN-10 : 9781509956302
ISBN-13 : 1509956301
Rating : 4/5 (02 Downloads)

Synopsis The Constitutional System of the Hong Kong SAR by : Albert H Y Chen

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.

Constitutional Crises and Regionalism

Constitutional Crises and Regionalism
Author :
Publisher : Edward Elgar Publishing
Total Pages : 285
Release :
ISBN-10 : 9781839107108
ISBN-13 : 1839107103
Rating : 4/5 (08 Downloads)

Synopsis Constitutional Crises and Regionalism by : Vito Breda

This informative book analyses regional constitutional crises, where a large portion of residents no longer believe that the rule of law, as defined by central institutions, governs them. Laying out a framework for effective governance in divided societies, Vito Breda argues that peace and collaboration are linked to managing shared beliefs through constitutional law.