The Handbook of Constitutional Law in Greater China surveys important issues of constitutional law in Mainland China, Hong Kong, Macau, and Taiwan. It synthesizes existing scholarship, debates, and views on important constitutional issues in the four jurisdictions. Written by a range of scholars, it contributes to both national and comparative scholarship on constitutional law in these jurisdictions. The book includes four parts:
- Part I: History. This part explores the constitutional movement of the Qing dynasty; constitutional projects in modern China; and aspects of the drafting and implementation history of the Hong Kong and Macau Basic Laws
- Part II: Structure. This part discusses the relationship between the party-state and the Chinese constitutional order; Chinese constitutionalism; constitutional aspects of city development under the SAR concept; constitutional review in Mainland China; a history of Taiwan’s ‘Council of Grand Justices’; and judicial review in both Hong Kong and Macau
- Part III: Rights, Society, and Economy. This part deals with Hong Kong’s National Security Law and its impact on the ‘one country, two systems model’; social movements and constitutionalism; LGBT rights advocacy; the integration of capitalist regions within socialist China; the constitutional relevance of labour reforms in Mainland China; healthcare rights in both the Mainland and the SARS; and foreign investment under Art. 18 of the PRC Constitution
- Part IV: Transnational Engagement. This part surveys comparative writings on China’s constitution; the influence of international human rights treaties on China’s constitutional order; the international dimension of Hong Kong’s constitutional order; and the changing role of the ‘overseas judges’ in Hong Kong
Exploring both historical and cutting-edge constitutional issues, this reference book is important reading for law researchers, lawyers, graduate students, undergraduates, and practitioners in the field of constitutional law and politics in Mainland China, Taiwan, Hong Kong, and Macau.
Author(s): Ngoc Son Bui, Stuart Hargreaves, Ryan Mitchell
Publisher: Routledge
Year: 2022
Language: English
Pages: 391
City: London
Cover
Half Title
Title Page
Copyright Page
CONTENTS
List of Contributors
PART I: History
1. The Late Qing Constitutional Movement in the Global Constitutional Moment of the 1900s
2. Constitutional Projects in Modern Chinese History
3. The History of the Drafting and Implementation of the Basic Law of the Hong Kong Special Administrative Region
4. Reconstituting China’s Periphery: Orchestrating Political Convergence via the Hong Kong and Macau Basic Laws
PART II: Structure
5. “The Flower of Democracy Blooms Brilliantly in China [中国的民主之花绚丽绽放]”: The Chinese Communist Party and the Chinese Constitutional Order
6. Constitutionalism with Chinese Characteristics?: Which Constitutionalism?
7. The Debate on Constitutional Standing and Greater Autonomy for Cities: Lessons from (and for) the Special Administrative Regions of Hong Kong and Macao
8. Constitutional Review “With Chinese Characteristics”: Law, Institutions and Recent Developments
9. One Council Two Constitutional Courts: A Holistic View of the Council of Grand Justices (1948–2021)
10. Judicial Review in Hong Kong
11. Judicial Review and Standards of Review in Macao: A Study Based on the TUI Decisions
PART III: Rights, Society, and Economy
12. National Security Law in Hong Kong: Transforming ‘One Country, Two Systems’ as a Model of Regional Autonomy
13. Rights Movements, Civil Disobedience, and Civil Unrest: Social Movements and Constitutionalism in Mainland China, Hong Kong, and Taiwan
14. ‘Runaway Legitimation’ and Its Limits: LGBTQ Rights in China
15. Involving and Integrating ‘Capitalist’ Special Administrative Regions in ‘Socialist’ National Development of China: Squaring the Circle of ‘Two Systems’ in ‘One Country’
16. Market Mentality or Social Solidarity?: The Constitutional Relevance of Labour Reforms in Contemporary China
17. Assessing Healthcare Rights and Responsibilities Under the Constitutional Orders of Mainland China and the Special Administrative Regions
18. The Protection of Foreign Investment in China Constitutional Law: An Evolving Constant
PART IV: Transnational Engagement
19. China’s Comparative Constitution
20. International Human Rights Treaties in the People’s Republic of China Constitutional Order
21. The International Dimension of the Hong Kong Constitutional Order
22. Hong Kong’s Overseas Judges Under the National Security Law
Index
