Hong Kong Constitutionalism: The British Legacy and the Chinese Future, 1st Edition (Hardback) book cover

Hong Kong Constitutionalism

The British Legacy and the Chinese Future, 1st Edition

By Richard Cullen


272 pages

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Hardback: 9781138320130
pub: 2020-02-25
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Hong Kong is widely regarded as an exemplar of authoritarian jurisdictions with a positive history of adhering to Rule of Law shaped governance systems. British Hong Kong provides a remarkable story of the effective development and consolidation of such a system, which has continued to apply since 1997 when it became the Hong Kong Special Administrative Region (HKSAR) within the People’s Republic of China (PRC).

This book adopts a fresh approach in examining the evolution of Hong Kong’s political-legal experience. It establishes that these prominent governance achievements were built on particular British constitutional foundations forged over many centuries. The work shows how the analysis of the British theorist Albert Dicey and, in particular, `Diceyan Constitutionalism’ was fundamental, within the pivotal context of `Chinese Familism’, in shaping the development of governance institutions and operational procedures within the new British Colony.

It discusses how Hong Kong’s system of Authoritarian Legality has come to pass. Exploring the essence of that system, the study probes how thoroughly it has been stress-tested, not least in 2019, and how well it may be placed to cope with tests yet to come. It also analyzes Hong Kong–Beijing relations and the long-term prospects for the HKSAR within the PRC based on a balanced contemporary assessment of China’s exceptional One Party State.

About the Author

Richard Cullen is a Visiting Professor in the Faculty of Law, University of Hong Kong. He first began working in Hong Kong in 1991. His research interests are in Public Law, Taxation Law, Comparative Law, Fundamentals of the Common Law, and Media Law. He has published extensively on these and related areas.

About the Series

The Rule of Law in China and Comparative Perspectives

The Rule of Law in China and Comparative Perspectives

There is no doctrine more effective than the rule of law in portraying the complex transformation of Chinese society from the rule of men towards the rule of law - a process inaugurated in post-Mao China which is continuing to advance legal reforms to the present day. In other parts of the world, striving for the rule of law is also evident: countries in transition face a similar mission, while the developed democratic countries are forced to tackle new challenges in retaining the high benchmark of the rule of law that has been established.

Research on the legal system in China and in comparison with other countries in the framework of the rule of law covers broad topics of public and private law, substantive law and procedural law, citizens’ rights and law enforcement by courts. Based on this broad understanding of the rule of law, the series presents international scholarly work on modern Chinese law including: comparative perspectives, interdisciplinary, and empirical studies.

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Subject Categories

BISAC Subject Codes/Headings:
LAW / General
LAW / Administrative Law & Regulatory Practice
LAW / Comparative
LAW / Constitutional
LAW / Legal History
LAW / Public
LAW / Government / General
PHILOSOPHY / Political
POLITICAL SCIENCE / History & Theory
POLITICAL SCIENCE / Political Freedom & Security / Human Rights
POLITICAL SCIENCE / Colonialism & Post-Colonialism