Interpreting Hong Kong S Basic Law The Struggle For Coherence
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Interpreting Hong Kong’s Basic Law: The Struggle for Coherence
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.
European Yearbook of Constitutional Law 2020
Author: Ernst Hirsch Ballin
language: en
Publisher: Springer Nature
Release Date: 2021-03-27
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.
The Judicial Construction of Hong Kong’s Basic Law
Author: Lo Pui Yin
language: en
Publisher: Hong Kong University Press
Release Date: 2014-02-13
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