ABSTRACT
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.
TABLE OF CONTENTS
part I|64 pages
History
chapter 4|16 pages
Reconstituting China's Periphery
part II|120 pages
Structure
chapter 665|18 pages
“The Flower of Democracy Blooms Brilliantly in China [中国的民主之花绚丽绽放]”
chapter 7|15 pages
The Debate on Constitutional Standing and Greater Autonomy for Cities *
chapter 8|22 pages
Constitutional Review “With Chinese Characteristics” *
chapter 9|16 pages
One Council Two Constitutional Courts
chapter 11|16 pages
Judicial Review and Standards of Review in Macao
part III|116 pages
Rights, Society, and Economy
chapter 18612|17 pages
National Security Law in Hong Kong
chapter 13|17 pages
Rights Movements, Civil Disobedience, and Civil Unrest
chapter 15|15 pages
Involving and Integrating ‘Capitalist’ Special Administrative Regions in ‘Socialist’ National Development of China
chapter 16|15 pages
Market Mentality or Social Solidarity? *
chapter 18|15 pages
The Protection of Foreign Investment in China Constitutional Law
part IV|70 pages
Transnational Engagement