Interpreting Hong Kong’s Basic Law: The Struggle for Coherence [electronic resource] /
Fu, H.author.
Harris, L.author.
Young, S.author.
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.
Description based upon print version of record.
Cover; Contents; Foreword; Acknowledgments; Introduction; Part I: Interpreting Hong Kong's Basic Law; 1 Legislative History, Original Intent, and the Interpretation of the Basic Law; 2 Embracing Universal Standards?: The Role of International Human Rights Treaties in Hong Kong's Constitutional Jurisprudence; 3 Constitutionalism in the Shadow of the Common Law: The Dysfunctional Interpretive Politics of Article 8 of the Hong Kong Basic Law; 4 Interpreting Constitutionalism and Democratization in Hong Kong; 5 Forcing the Dance: Interpreting the Hong Kong Basic Law Dialectically
Part II: Crossing the Border6 The Political Economy of Interpretation; 7 One Term, Two Interpretations: The Justifications and the Future of Basic Law Interpretation; 8 Rethinking Judicial Reference: Barricades at the Gateway?; 9 Formalism and Commitment in Hong Kong's Constitutional Development; Part III: Legislative Interpretation and the PRC Constitution; 10 Of Iron or Rubber?: People's Deputies of Hong Kong to the National People's Congress; 11 Legislative Interpretation by China's National People's Congress Standing Committee: A Power with Roots in the Stalinist Conception of Law
12 China's ConstitutionalismContributors; Index; A; B; C; D; E; F; G; H; I; J; K; L; M; N; O; P; R; S; T; U; V; X
Includes bibliographical references and index.
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.
"First published in 2007...."  "First edition: January 2008 ... Transferred to Digital Printing in 2008."
Hong Kong (China).
Asia—Politics and government.
Ethnology—Asia.
Education.
Political science.
Democracy.
Asian Politics.
Asian Culture.
Popular Science in Education.
Political Science.
Democracy.