Rarely do acts of civil disobedience come in such grand fashion as Taiwan’s Sunflower Movement and Hong Kong’s Umbrella Movement. The two protests came in regions and jurisdictions that many have underestimated as regards furthering notions of political speech, democratisation, and testing the limits of authority. This book breaks down these two movements and explores their complex legal and political significance. The collection brings together some of Asia’s, and especially Taiwan and Hong Kong’s, most prolific writers, many of whom are internationally recognised experts in their respective fields, to address the legal and political significance of both movements, including the complex questions they posed as regards democracy, rule of law, authority, and freedom of speech. Given that occupational type protests have become a prominent method for protesters to make their cases to both citizens and governments, exploring the legalities of these significant protests and establishing best practices will be important to future movements, wherever they may transpire. With this in mind, the book does not stop at implications for Taiwan and Hong Kong, but talks about its subject matter from a comparative, international perspective.
'This book is well worth reading for the fascinating insights it provides into the minds and souls of those most intimately involved in the two civil society movements of the title…this volume will retain its long-term value as an essential reference for future scholars seeking to understand Taiwanese and Hong Kong democracy in a more global context…for future researchers interested in these and other political and legal questions, Jones’ edited volume will provide a highly readable and valuable reference.'
de Jonge, Alice, Book Review: Law and Politics of the Taiwan Sunflower and Hong Kong Umbrella Movements (August 2, 2017). Australian Journal of Asian Law, Vol. 18, No. 1, article 7, 2017. Available at SSRN: https://ssrn.com/abstract=3012396
Part 1 The Taiwan Sunflower Movement
1. Confrontational contestation and democratic compromise: The Sunflower Movement and its aftermath
Brian Christopher Jones and Yen-Tu Su
2. The Right to Free Assembly and the Sunflower Movement
3. Marching Towards Constitutionalism with Sunflowers
Part II The Hong Kong Umbrella Movement
4. The Law and Politics of Constitutional Reform and Democratisation in Hong Kong
5. Political Protest in High-Income Societies: The Case of the Occupy Central Movement in Hong Kong
6. The Nomos of Hong Kong’s Umbrella Movement
Part III Comparative Elements Involving Taiwan and Hong Kong
7. Unpopular Sovereignty: Constitutional Identity Through the Lens of the Sunflower and Umbrella Movements
8. To Punish or not to Punish: The Question of Civil Disobedience and the Umbrella Movement
9. Dancing with the Dragon: Closer Economic Integration with China and Deteriorating Democracy and Rule of Law in Taiwan and Hong-Kong?
10. A Divided Society: Chinese Public Opinion on Resistance Movements, Democracy and Rule of Law
Part IV Wider Perspectives on the Movements
11. Democratic Political Obligation with Chinese Characteristics: Civic Defiance in Taiwan and Hong Kong
12. Democracy and Constitutionalism in China’s Shadow: Sunflowers in Taiwan and Umbrellas in Hong Kong
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.