Interpreting Hong Kong's Basic Law The Struggle for Coherence
by Fu, Hualing; Harris, Lison; Young, SimonFormat: Hardcover
Pub. Date: 2007-12-15
Publisher(s): Palgrave Macmillan
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Summary
This book is meant to fill the gap in the understanding of approaches to constitutional law in the Mainland, and to allow comparison with the practices in Hong Kong and internationally.
Author Biography
Fu Hualing, LLB (Southwestern University of Politics and Law) MA (Toronto), D Juri (Osgood Hall) is Associate Professor and Director, Centre for Comparative and Public Law, Faculty of Law, University of Hong Kong. He teaches and researches on issues relating to human rights in China and legal relations between Hong Kong and Mainland China.
Lison Harris was Assistant Research Officer in the Centre for Comparative and Public Law. She now works in the Department of Justice of New Zealand.
Simon NM Young, BArtsSc(McMaster), LLB(Toronto), LLM(Cantab) is an Associate Professor in the Faculty of Law, University of Hong Kong. He is also Deputy Director of the Centre for Comparative and Public Law, University of Hong Kong. Young was a prosecutor in Canada before coming to Hong Kong University where he has taught criminal law, evidence, legal aspects of white collar crime, and rights and remedies in the criminal process. He is currently completing his pupillage to qualify as a Hong Kong barrister. His works in constitutional law include editor of the Hong Kong Basic Law Bibliography, co-editor of a book on national security laws in Hong Kong, pioneering research on Hong Kong’s functional constituencies, and other publications on Hong Kong’s human rights system, anti-terrorism laws and the right to vote.
Lison Harris was Assistant Research Officer in the Centre for Comparative and Public Law. She now works in the Department of Justice of New Zealand.
Simon NM Young, BArtsSc(McMaster), LLB(Toronto), LLM(Cantab) is an Associate Professor in the Faculty of Law, University of Hong Kong. He is also Deputy Director of the Centre for Comparative and Public Law, University of Hong Kong. Young was a prosecutor in Canada before coming to Hong Kong University where he has taught criminal law, evidence, legal aspects of white collar crime, and rights and remedies in the criminal process. He is currently completing his pupillage to qualify as a Hong Kong barrister. His works in constitutional law include editor of the Hong Kong Basic Law Bibliography, co-editor of a book on national security laws in Hong Kong, pioneering research on Hong Kong’s functional constituencies, and other publications on Hong Kong’s human rights system, anti-terrorism laws and the right to vote.
Table of Contents
| Introduction | |
| Interpreting Hong Kong's Basic Law | |
| Legislative History, Original Intent, and the Interpretation of the Basic Law | |
| Embracing Universal Standards? The Role of International Human Rights Treaties in Hong Kong's Constitutional Jurisprudence | |
| Constitutionalism in the Shadow of the Common Law: The Dysfunctional Interpretive Politics of Article 8 of the Hong Kong Basic Law | |
| Interpreting Constitutionalism and Democratisation in Hong Kong | |
| Forcing the Dance: Interpreting the Hong Kong Basic Law | |
| Crossing The Border | |
| The Political Economy of Interpretation | |
| One Term, Two Interpretations: The Justifications and the Future of Basic Law Interpretation | |
| Rethinking Judicial Reference: Barricades at the Gateway? | |
| Formalism and Commitment in Hong Kong's Constitutional Development | |
| Legislative Interpretation and The Prc Constitution | |
| Legislative Interpretation by China's National People's Congress Standing Committee: a Power with Roots in the Stalinist Conception of Law | |
| Of Iron or Rubber? People's Deputies of Hong Kong to the National People's Congress | |
| China's Constitutionalism | |
| Table of Contents provided by Publisher. All Rights Reserved. |
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