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.

part II|120 pages


chapter 665|18 pages

“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

chapter 6|13 pages

Constitutionalism with Chinese Characteristics?

Which Constitutionalism?

chapter 7|15 pages

The Debate on Constitutional Standing and Greater Autonomy for Cities *

Lessons from (and for) the Special Administrative Regions of Hong Kong and Macao

chapter 8|22 pages

Constitutional Review “With Chinese Characteristics” *

Law, Institutions and Recent Developments

chapter 9|16 pages

One Council Two Constitutional Courts

A Holistic View of the Council of Grand Justices (1948–2021)

chapter 10|18 pages

Judicial Review in Hong Kong *

chapter 11|16 pages

Judicial Review and Standards of Review in Macao

A Study Based on the TUI Decisions

part III|116 pages

Rights, Society, and Economy

chapter 18612|17 pages

National Security Law in Hong Kong

Transforming ‘One Country, Two Systems’ as a Model of Regional Autonomy

chapter 13|17 pages

Rights Movements, Civil Disobedience, and Civil Unrest

Social Movements and Constitutionalism in Mainland China, Hong Kong, and Taiwan

chapter 14|15 pages

‘Runaway Legitimation’ and Its Limits *

LGBTQ Rights in China

chapter 15|15 pages

Involving and Integrating ‘Capitalist’ Special Administrative Regions in ‘Socialist’ National Development of China

Squaring the Circle of ‘Two Systems’ in ‘One Country’

chapter 16|15 pages

Market Mentality or Social Solidarity? *

The Constitutional Relevance of Labour Reforms in Contemporary China

chapter 18|15 pages

The Protection of Foreign Investment in China Constitutional Law

An Evolving Constant