Law of the Hong Kong Constitution PDF Download
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Author: Wenmin Chen (professor.)
Publisher:
ISBN: 9789626614433
Category : Constitutional law
Languages : en
Pages : 1011
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Book Description
Author: Wenmin Chen (professor.)
Publisher:
ISBN: 9789626614433
Category : Constitutional law
Languages : en
Pages : 1011
Get Book Here
Book Description
Author: Lo Pui Yin
Publisher: Hong Kong University Press
ISBN: 9888208071
Category : Law
Languages : en
Pages : 623
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Book Description
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
Author: P. Y. Lo
Publisher:
ISBN: 9789888208074
Category : Basic law
Languages : en
Pages : 0
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Book Description
China has granted Hong Kong a high degree of autonomy through the Basic Law under the policy 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 skeptical 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. The Judicial Construction of Hong Kong's Basic Law is essential reading for legal practitioners in Hong Kong and scholars of constitutional and comparative law.
Author: Jiunn-rong Yeh
Publisher: Cambridge University Press
ISBN: 1107066085
Category : Law
Languages : en
Pages : 633
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Book Description
Analyzes courts in fourteen selected Asian jurisdictions to provide the most up-to-date and comprehensive interdisciplinary book available.
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: Stephen Thomson
Publisher: Cambridge University Press
ISBN: 1108400329
Category : Law
Languages : en
Pages : 425
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Book Description
Presents a comprehensive new text on administrative law in Hong Kong; discusses judicial review, administrative tribunals, the Ombudsman and subsidiary legislation.
Author: H. P. Lee
Publisher: Cambridge University Press
ISBN: 1107137721
Category : Law
Languages : en
Pages : 473
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Book Description
Explores judicial independence, integrity and impartiality in Asia-Pacific countries.
Author: Swati Jhaveri
Publisher: Cambridge University Press
ISBN: 1108481574
Category : Law
Languages : en
Pages : 447
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Book Description
Explores the English origins of the principles of judicial review in common law jurisdictions and autochthonous pressures for their adaptation.
Author: Hongyi Chen
Publisher: Cambridge University Press
ISBN: 110719508X
Category : Law
Languages : en
Pages : 407
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Book Description
A comparative, systematic and critical analysis of constitutional courts and constitutional review in Asia.
Author: Michael Ramsden
Publisher:
ISBN: 9789888590445
Category : Constitutional law
Languages : en
Pages : 773
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Book Description
