1st Edition

Routledge Handbook of Constitutional Law in Greater China

Edited By Ngoc Son Bui, Stuart Hargreaves, Ryan Mitchell Copyright 2023

    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 I: History 1. The Late Qing Constitutional Movement in the Global Constitutional Moment of the 1900s Egas Moniz Bandeira 2. Constitutional Projects in Modern Chinese History Ryan Mitchell 3. The History of Drafting and Implementation of the Basic Law of the Hong Kong Special Administrative Region Albert Chen 4. Reconstituting China’s Periphery: Orchestrating Political Convergence via the Hong Kong and Macau Basic Laws Jason Buhi PART II Structure 5. ‘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 Larry Catá Backer 6. Constitutionalism with Chinese Characteristics? Which Constitutionalism? Peng Chengyi 7. The Debate on Constitutional Standing and Greater Autonomy for Cities: Lessons from (and for) the Special Administrative Regions of Hong Kong and Macao Amal Sethi 8. Constitutional Review in China: A System with Chinese Characteristics Zhu Guobin 9. One Council Two Constitutional Courts: A Holistic View of the Council of Grand Justices (1948-2021) Zhaoxin Jiang 10. Judicial Review in Hong Kong Rehan Abeyratne 11. Judicial Review and Standards of Review in the Macao SAR: A Study Based on the TUI Decision Shiling Xiao PART III: Rights, Society, and Economy 12. National Security Law in Hong Kong: Transforming "One Country, Two Systems" as a Model of Regional Autonomy Carole J. Petersen 13. Rights Movements, Civil Disobedience and Civil Unrest: Social Movements and Constitutionalism in Mainland China, Hong Kong, and Taiwan Zhu Han 14. ‘Runaway Legitimation’ and Its Limits: LGBTQ Rights in China Darius Longarino 15. Involving and Integrating "Capitalist" Special Administrative Regions in the "Socialist" National Development of China: Squaring the Circle of "Two Systems" in "One Country" PY Lo 16. Markets and Social Solidarity? The Constitutional Relevance of Labor Reforms in China. Su Bian 17. Assessing Healthcare Rights and Responsibilities under the Constitutional Orders of Mainland China and the Special Administrative Regions Barry Solaiman 18. The Protection of Foreign Investment in China Constitutional Law: An Evolving Constant Ma Ji & Dini Sejko PART IV: Transnational Engagement 19. China’s Comparative Constitution Ngoc Son Bui 20. International Human Rights Treaties in the People’s Republic of China Constitutional Order Jizeng Fan 21. The International Dimension of the Hong Kong Constitutional Order Michael Ramsden 22. Hong Kong’s Overseas Judges under the National Security Law. Stuart Hargreaves


    Ngoc Son Bui: Professor of Asian Laws, Faculty of Law, University of Oxford.

    Stuart Hargreaves: Associate Professor, Faculty of Law, The Chinese University of Hong Kong.

    Ryan Mitchell: Assistant Professor, Faculty of Law, The Chinese University of Hong Kong.