The Changing Legal Orders in Hong Kong and Mainland China: Essays on “One Country, Two Systems” PDF Download
Are you looking for read ebook online? Search for your book and save it on your Kindle device, PC, phones or tablets. Download The Changing Legal Orders in Hong Kong and Mainland China: Essays on “One Country, Two Systems” PDF full book. Access full book title The Changing Legal Orders in Hong Kong and Mainland China: Essays on “One Country, Two Systems” by Albert H.Y. Chen. Download full books in PDF and EPUB format.
Author: Albert H.Y. Chen
Publisher: City University of HK Press
ISBN: 9629374501
Category : Law
Languages : en
Pages : 440
Get Book Here
Book Description
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.
Author: Albert H.Y. Chen
Publisher: City University of HK Press
ISBN: 9629374501
Category : Law
Languages : en
Pages : 440
Get Book Here
Book Description
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.
Author: Albert H. Y. Chen
Publisher:
ISBN: 9789629376048
Category : China
Languages : en
Pages : 440
Get Book Here
Book Description
Author: Lam Wai-man
Publisher: Hong Kong University Press
ISBN: 9888842870
Category : Political Science
Languages : en
Pages : 467
Get Book Here
Book Description
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.
Author: Hao Jiang
Publisher: Edward Elgar Publishing
ISBN: 1035317427
Category : Law
Languages : en
Pages : 209
Get Book Here
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: Yanhong Yin
Publisher: Hong Kong University Press
ISBN: 988887683X
Category : Law
Languages : en
Pages : 257
Get Book Here
Book Description
Hong Kong and Macau have both been Special Administrative Regions of China since 1999. To this day, however, the two SARs and mainland China have yet to form a cohesive agreement for extradition. Yanhong Yin proposes a theoretical model—the China Arrest Warrant—that fulfils three essential criteria: compliance with the framework of “One Country, Two Systems,” allowance for differences within the three divergent legal systems, and sufficient human rights protection. This model takes direct inspiration from the European Arrest Warrant, which is undergirded by the principle of mutual recognition—the idea that while states may make different decisions on a wide range of matters, results will be accepted as equivalent to decisions made by one’s own state. The success of the European Union’s adoption of mutual recognition across political, economic, and legal situations is instrumental in providing a blueprint for judicial cooperation among mainland China, Hong Kong SAR, and Macau SAR. This ambitious volume seeks to resolve a legal quandary that has existed for decades without resolution and is essential reading in criminal and constitutional law. “This book offers an inspiring blueprint for future extradition between Mainland China, Hong Kong and Macau. The comparison with the European arrest warrant proves that trust between judicial authorities is based on recognition of procedures and of common constitutional values and human rights. Recommended for scholars, practitioners, and legislators.” —John A. E. Vervaele, Utrecht University “Great things originate from an idea and the will to imagine. Such can be said of Dr. Yin’s erudite study of the intractable problem of intra-China fugitive surrender, a study which also provides a lens to see the continuing evolution of the ‘One Country, Two Systems’ principle in the post-NSL era.” —Simon N. M. Young, Ian Davies Professor in Ethics, The University of Hong Kong
Author: Ngoc Son Bui
Publisher: Oxford University Press
ISBN: 0192671588
Category : Law
Languages : en
Pages : 368
Get Book Here
Book Description
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.
Author: Albert H Y Chen
Publisher: Bloomsbury Publishing
ISBN: 1509956301
Category : Law
Languages : en
Pages : 225
Get Book Here
Book Description
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.
Author: Vito Breda
Publisher: Edward Elgar Publishing
ISBN: 1839107103
Category : Law
Languages : en
Pages : 285
Get Book Here
Book Description
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.
Author: Gonzalo Villalta Puig
Publisher: Taylor & Francis
ISBN: 1000823989
Category : Law
Languages : en
Pages : 204
Get Book Here
Book Description
On the 25th anniversary of the establishment of the Hong Kong Special Administrative Region of the People’s Republic of China, this book presents the first monographic study of the Hong Kong Basic Law as an economic document. The Basic Law codifies what Gonzalo Villalta Puig and Eric C Ip call free market constitutionalism, the logic of Hong Kong’s economic liberty as the freest market economy in the world. This book, which is the outcome of several years of study with the financial support of the General Research Fund of Hong Kong’s Research Grants Council, evaluates the public choice rationale of the Basic Law and its projection on the Hong Kong economy, with a focus on the policy development of economic liberty both internally and externally. In the academic tradition of James M Buchanan’s constitutional political economy, the book opens with a conceptualisation of free market constitutionalism in Hong Kong. It studies the origins of this concept in the 19th-century classically liberal common law and how it developed into a Hayekian laissez-faire convention under British colonial rule, was codified into the Basic Law and is interpreted and applied by the branches of the Government of the Region. The book closes with remarks on the future of Hong Kong’s free market constitutionalism in face of recent challenges as the year 2047 approaches and the 50 years of ‘unchanged’ capitalist system under the Basic Law pass. This book will appeal to students, scholars and practitioners of law, economics, political science and public administration. It will especially appeal to those with an interest in Hong Kong law, international economic law or comparative constitutional law.
Author: Mathias Siems
Publisher: Cambridge University Press
ISBN: 1108906877
Category : Law
Languages : en
Pages : 1362
Get Book Here
Book Description
Comparative law is a common subject-matter of research and teaching in many universities around the world, and the twenty-first century has aptly been termed 'the era of comparative law'. This Cambridge Handbook of Comparative Law presents a truly global perspective of comparative law today. The contributors are drawn from all parts of the world to provide different perspectives on how we understand the 'law' and how it operates in practice. In substance, the Handbook contains 36 chapters covering a broad range of topics, divided under the following headings: 'Methods of Comparative Law' (Part I), 'Legal Families and Geographical Comparisons' (Part II), 'Central Themes in Comparative Law' (Part III); and 'Comparative Law beyond the State' (Part IV).
