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The Dynamics of Beijing-Hong Kong Relations: A Model for Taiwan?

Sonny Shiu-hing Lo

Published in print:
2008
Published Online:
September 2011
ISBN:
9789622099081
eISBN:
9789882207547
Item type:
book
Publisher:
Hong Kong University Press
DOI:
10.5790/hongkong/9789622099081.001.0001
Subject:
History, Political History

This book assesses the implementation of “one country, two systems” in the Hong Kong Special Administrative Region (HKSAR) from the political, judicial, legal, economic, and societal dimensions. The ... More


The Politics of Judicial Autonomy

Sonny Shiu-Hing Lo

in The Dynamics of Beijing-Hong Kong Relations: A Model for Taiwan?

Published in print:
2008
Published Online:
September 2011
ISBN:
9789622099081
eISBN:
9789882207547
Item type:
chapter
Publisher:
Hong Kong University Press
DOI:
10.5790/hongkong/9789622099081.003.0004
Subject:
History, Political History

In January 1999, the Court of Final Appeal (CFA) made a controversial decision on the debate of the right to abode of the mainland Chinese in the HKSAR. As a result, the HKSAR government asked the ... More


Postmaterialist forces and political triggers

David Erdos

in Delegating Rights Protection: The Rise of Bills of Rights in the Westminster World

Published in print:
2010
Published Online:
September 2010
ISBN:
9780199557769
eISBN:
9780191594380
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199557769.003.0009
Subject:
Political Science, Comparative Politics

This conclusionary chapter explores the implications of the Postmaterialist Trigger Thesis (PTT) of bill of rights institutionalization beyond the four Westminster democracies from whose experience ... More


Germany: Balancing Rights and Duties

Donald P. Kommers

in Interpreting Constitutions: A Comparative Study

Published in print:
2007
Published Online:
January 2010
ISBN:
9780199226474
eISBN:
9780191706707
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199226474.003.0005
Subject:
Law, Comparative Law

Germany's constitutional charter, adopted in 1949, is entitled the Basic Law. The Basic Law had evolved into one of the world's most admired constitutions, even rivalling that of the United States in ... More


The Constitutional Framework

Ian Scott

in The Public Sector in Hong Kong

Published in print:
2010
Published Online:
September 2011
ISBN:
9789622091726
eISBN:
9789882207578
Item type:
chapter
Publisher:
Hong Kong University Press
DOI:
10.5790/hongkong/9789622091726.003.0014
Subject:
History, Political History

A constitution is defined as the definitive and legally-binding rules and principles governing a state or a country. Constitution is significant as it describes the power and functions of government ... More


The Judiciary

Benny Y. T. Tai

in Contemporary Hong Kong Politics: Governance in the Post-1997 Era

Published in print:
2007
Published Online:
September 2011
ISBN:
9789622098299
eISBN:
9789882206779
Item type:
chapter
Publisher:
Hong Kong University Press
DOI:
10.5790/hongkong/9789622098299.003.0004
Subject:
History, World Modern History

This chapter deals with the fundamental principles of the Hong Kong Special Administrative Region's (HKSAR's) legal system, which include the common law system, rule of law, judicial independence, ... More


Constituting and Reconstituting Palestine

Nathan J. Brown

in Palestinian Politics after the Oslo Accords: Resuming Arab Palestine

Published in print:
2003
Published Online:
March 2012
ISBN:
9780520237629
eISBN:
9780520937789
Item type:
chapter
Publisher:
University of California Press
DOI:
10.1525/california/9780520237629.003.0003
Subject:
History, Middle East History

The Palestinian constitution can regulate and define its community. Palestinian constitutional efforts have often operated at cross-purposes, which explains why so many constitutions have been ... More


The Implementation of the Basic Law

Sonny Shiu-Hing Lo

in The Dynamics of Beijing-Hong Kong Relations: A Model for Taiwan?

Published in print:
2008
Published Online:
September 2011
ISBN:
9789622099081
eISBN:
9789882207547
Item type:
chapter
Publisher:
Hong Kong University Press
DOI:
10.5790/hongkong/9789622099081.003.0006
Subject:
History, Political History

This chapter explores the overall implementation of the Basic Law in Hong Kong and discusses the developing conventions prevailing in the Beijing-HKSAR relations. By evaluating the content of the ... More


Significance of the Election Committee in Hong Kong and Mainland China1

Simon N. M. Young and Richard Cullen

in Electing Hong Kong's Chief Executive

Published in print:
2010
Published Online:
September 2011
ISBN:
9789888028399
eISBN:
9789882206908
Item type:
chapter
Publisher:
Hong Kong University Press
DOI:
10.5790/hongkong/9789888028399.003.0003
Subject:
History, World Modern History

This chapter examines the constitutional and wider political significance of the Election Committee (EC) in the Hong Kong Special Administrative Region (HKSAR). It investigates the relationship ... More


Prefab Prevails

Mary Elise Sarotte

in 1989: The Struggle to Create Post-Cold War Europe

Published in print:
2014
Published Online:
October 2017
ISBN:
9780691163710
eISBN:
9781400852307
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691163710.003.0005
Subject:
History, European Modern History

This chapter focuses on the prefab model, which was proposed by the Western allies in 1990. The United States and West Germany convincingly made the case for taking the West's prefabricated ... More


The Shaping of Post-Colonial Hong Kong: From 1983 to 1989

Christine Loh

in Underground Front: The Chinese Communist Party in Hong Kong

Published in print:
2010
Published Online:
September 2011
ISBN:
9789888028948
eISBN:
9789882207653
Item type:
chapter
Publisher:
Hong Kong University Press
DOI:
10.5790/hongkong/9789888028948.003.0023
Subject:
History, Asian History

This chapter offers an explanation on the shaping of post-Colonial Hong Kong from 1983 to 1989. It starts by presenting the issue of internal reorganisation. In addition, a special kind of united ... More


Theory and constitutional framework of German federalism

Arthur B. Gunlicks

in The Länder and German federalism

Published in print:
2003
Published Online:
July 2012
ISBN:
9780719065323
eISBN:
9781781700464
Item type:
chapter
Publisher:
Manchester University Press
DOI:
10.7228/manchester/9780719065323.003.0003
Subject:
Political Science, European Union

As in the case of the American states, the Länder in Germany existed before the federation. But, unlike the United States, there is no legal controversy in Germany over the role of the states as ... More


The Interpretation of the Basic Law by the Federal Constitutional Court

Jo Eric Khushal Murkens

in From Empire to Union: Conceptions of German Constitutional Law since 1871

Published in print:
2013
Published Online:
May 2013
ISBN:
9780199671885
eISBN:
9780191751196
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199671885.003.0007
Subject:
Law, Constitutional and Administrative Law, Legal History

This chapter looks at the way the Federal Constitutional Court has interpreted the provisions of the Basic Law that deal with European integration. Three questions need to be clarified. First, what ... More


The Land constitutions

Arthur B. Gunlicks

in The Länder and German federalism

Published in print:
2003
Published Online:
July 2012
ISBN:
9780719065323
eISBN:
9781781700464
Item type:
chapter
Publisher:
Manchester University Press
DOI:
10.7228/manchester/9780719065323.003.0005
Subject:
Political Science, European Union

For almost forty years after the federal constitution went into effect, little attention was paid to state (Land) constitutions in Germany. At the end of the 1980s and the beginning of the 1990s, ... More


System for Electing Election Committee Members

Simon N. M. Young and Richard Cullen

in Electing Hong Kong's Chief Executive

Published in print:
2010
Published Online:
September 2011
ISBN:
9789888028399
eISBN:
9789882206908
Item type:
chapter
Publisher:
Hong Kong University Press
DOI:
10.5790/hongkong/9789888028399.003.0004
Subject:
History, World Modern History

This chapter examines the system of election of the 800 members of the Election Committee in the Hong Kong Special Administrative Region (HKSAR). It explains that the Basic Law provides no more than ... More


The Post-Colonial State

Ma Nagok

in Political Development in Hong Kong: State, Political Society, and Civil Society

Published in print:
2007
Published Online:
September 2011
ISBN:
9789622098107
eISBN:
9789882207271
Item type:
chapter
Publisher:
Hong Kong University Press
DOI:
10.5790/hongkong/9789622098107.003.0004
Subject:
History, Political History

As revealed by the developments in Hong Kong after 1997, an autocratic state is not necessarily strong, since the post-colonial era rendered the institutional logic of the Basic Law's executive ... More


Würde des Menschen: Restoring Human Dignity in Post-Nazi Germany

Christoph Goos

in Understanding Human Dignity

Published in print:
2013
Published Online:
January 2015
ISBN:
9780197265642
eISBN:
9780191760389
Item type:
chapter
Publisher:
British Academy
DOI:
10.5871/bacad/9780197265642.003.0003
Subject:
Law, Human Rights and Immigration

Historical considerations have so far played a rather subordinate role in the interpretation of Article 1 German Basic Law. This is unfortunate, because the records of the proceedings of the ... More


The Civil Service: Structure and Functions

Ian Scott

in The Public Sector in Hong Kong

Published in print:
2010
Published Online:
September 2011
ISBN:
9789622091726
eISBN:
9789882207578
Item type:
chapter
Publisher:
Hong Kong University Press
DOI:
10.5790/hongkong/9789622091726.003.0019
Subject:
History, Political History

The Basic Law provides only a general framework for the organisation of the Hong Kong government and has less to say on the public sector beyond the civil service. In the Basic Law of Hong Kong the ... More


Constitutional Rights and the Rule of Law

T.R.S. Allan

in Institutionalized Reason: The Jurisprudence of Robert Alexy

Published in print:
2012
Published Online:
May 2012
ISBN:
9780199582068
eISBN:
9780191739354
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199582068.003.0006
Subject:
Law, Philosophy of Law

This chapter offers a view of Alexy's study of the German Basic Law which treats it as an account, more broadly, of the ideal of the rule of law, given appropriate shape as a theory of ... More


Financing the federal system

Arthur B. Gunlicks

in The Länder and German federalism

Published in print:
2003
Published Online:
July 2012
ISBN:
9780719065323
eISBN:
9781781700464
Item type:
chapter
Publisher:
Manchester University Press
DOI:
10.7228/manchester/9780719065323.003.0006
Subject:
Political Science, European Union

According to the official English translation of Article 20, para. 1, of the Basic Law, the Federal Republic of Germany is a ‘democratic and social federal state’. A better translation might be ‘a ... More


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