Relationship Between the Chinese Central Authorities and Regional Governments of Hong Kong and Macao: A Legal Perspective PDF Download
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Author: Zhenmin Wang
Publisher: Springer
ISBN: 9811323224
Category : Law
Languages : en
Pages : 433
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Book Description
This book discusses the basic theories and structures employed in handling the Central-SAR relationship under the “One Country, Two Systems” policy from the perspective of ruling by law. It also explores the fundamental principles and methods used in the division of powers between the central authorities and the SARs, and investigates the institutions responsible for handling the Central-SAR relationship and their practices. Further, it presents case studies since 1997 to help readers better understand the Central-SAR relationship. Lastly, the author raises some new questions for readers who want to further study this topic.
Author: Zhenmin Wang
Publisher: Springer
ISBN: 9811323224
Category : Law
Languages : en
Pages : 433
Get Book Here
Book Description
This book discusses the basic theories and structures employed in handling the Central-SAR relationship under the “One Country, Two Systems” policy from the perspective of ruling by law. It also explores the fundamental principles and methods used in the division of powers between the central authorities and the SARs, and investigates the institutions responsible for handling the Central-SAR relationship and their practices. Further, it presents case studies since 1997 to help readers better understand the Central-SAR relationship. Lastly, the author raises some new questions for readers who want to further study this topic.
Author: Ernst Hirsch Ballin
Publisher: Springer Nature
ISBN: 946265431X
Category : Law
Languages : en
Pages : 345
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Book Description
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.
Author: Hao Jiang
Publisher: Edward Elgar Publishing
ISBN: 1035317427
Category : Law
Languages : en
Pages : 209
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Book Description
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.
Author: C. L. Lim
Publisher: Cambridge University Press
ISBN: 1108983669
Category : Law
Languages : en
Pages : 321
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Book Description
The Sino-British Joint Declaration was signed in 1984 and transferred control of Hong Kong to the People's Republic of China from the 1st July 1997. This sets the scene for the establishment of the Special Administrative Region (SAR) in Hong Kong, which has been at the heart of the civil unrest in 2019-2020, culminating in the National Security Law on 30 June 2020. In the 25th anniversary year of the handover of Hong Kong, C. L. Lim uses British archival sources to re-examine the Joint Declaration, the negotiations that led up to it, and its resounding significance that continues to the present day. Beginning with Margaret Thatcher's preparations for her Beijing trip, the book takes a chronological approach and offers a valuable, single-volume history of the Joint Declaration. In light of tumultuous current events in Hong Kong, Lim provides a vital, clear explanation of the legal complexities that have underpinned the relationships between China, Hong Kong and Britain since 1979.
Author: Jorge Oliveira
Publisher: Springer Science & Business Media
ISBN: 3540685723
Category : Law
Languages : en
Pages : 810
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Book Description
“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.
Author: Rosalind Dixon
Publisher: Cambridge University Press
ISBN: 110827885X
Category : Law
Languages : en
Pages : 595
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Book Description
Constitutions worldwide inevitably have 'invisible' features: they have silences and lacunae, unwritten or conventional underpinnings, and social and political dimensions not apparent to certain observers. The Invisible Constitution in Comparative Perspective helps us understand these dimensions to contemporary constitutions, and their role in the interpretation, legitimacy and stability of different constitutional systems. This volume provides a nuanced theoretical discussion of the idea of 'invisibility' in a constitutional context, and its relationship to more traditional understandings of written versus unwritten constitutionalism. Containing a rich array of case studies, including discussions of constitutional practice in Australia, Canada, China, Germany, Hong Kong, Israel, Italy, Indonesia, Ireland and Malaysia, this book will look at how this aspect of 'invisible constitutions' is manifested across different jurisdictions.
Author: Rehan Abeyratne
Publisher: Cambridge University Press
ISBN: 1108840213
Category : Law
Languages : en
Pages : 361
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Book Description
This first-of-its-kind volume surveys twenty constitutional judges who 'towered' over their peers, exploring their complexities and flaws.
Author: Diana Lary
Publisher: UBC Press
ISBN: 0774840870
Category : History
Languages : en
Pages : 321
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Book Description
The People's Republic of China claims to have 22,000 kilometres of land borders and 18,000 kilometres of coast line. How did this vast country come into being? The state credo describes an ancient process of cultural expansion: border peoples gratefully accept high culture in China and become inalienable parts of the country. And yet, the "centre" had to fight against manifestations of discontent in the border regions, not only to maintain control over the regions themselves, but also to prevent a loss of power at the edges from triggering a general process of regional devolution in the Han Chinese provinces. The essays in this volume look at these issues over a long span of time, questioning whether the process of expansion was a benevolent civilizing mission.
Author: Eric C. Ip
Publisher: Cambridge University Press
ISBN: 1108168825
Category : Law
Languages : en
Pages : 301
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Book Description
This is the first book that focuses on the entrenched, fundamental divergence between the Hong Kong Court of Final Appeal and Macau's Tribunal de Última Instância over their constitutional jurisprudence, with the former repeatedly invalidating unconstitutional legislation with finality and the latter having never challenged the constitutionality of legislation at all. This divergence is all the more remarkable when considered in the light of the fact that the two Regions, commonly subject to oversight by China's authoritarian Party-state, possess constitutional frameworks that are nearly identical; feature similar hybrid regimes; and share a lot in history, ethnicity, culture, and language. Informed by political science and economics, this book breaks new ground by locating the cause of this anomaly, studied within the universe of authoritarian constitutionalism, not in the common law-civil law differences between these two former European dependencies, but the disparate levels of political transaction costs therein.
Author: Pitman Potter
Publisher: John Wiley & Sons
ISBN: 0745672167
Category : Law
Languages : en
Pages : 188
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Book Description
China’s struggle for the rule of law is at a critical juncture. As a key element of governance in the PRC today, China’s legal system affects not only domestic affairs but also China’s engagement with the world. But can a credible legal system emerge which protects the rights of citizens and international partners without undermining the power of the Party State? And is the Chinese Communist Party willing to embark on judicial reforms that may jeopardize its very survival? Understanding the PRC legal system is increasingly important as China rises to prominence in the world. In this compelling analysis, noted legal scholar Pitman Potter examines the ideals and practices of China’s legal regime, in light of international standards and local conditions. Against a rich historical backdrop, Potter explains how China’s legal system supports three key policy objectives; namely, political stability, economic prosperity, and social development. In exploring these competing policy goals and the tensions between them, he also raises fundamental questions about government expectations of the role of law in regulating local and international socio-economic and political relationships. This wide-ranging and readable introduction will be an invaluable guide for students and non-specialists interested in China’s ongoing process of legal modernization.
