Hybrid Constitutionalism

The Politics of Constitutional Review in the Chinese Special Administrative Regions

By:

Eric C. Ip

Format:

Paperback / softback

Series:

Comparative Constitutional Law and Policy

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Description

This is the first book that focuses on the entrenched, fundamental divergence between the Hong Kong Court of Final Appeal and Macau's Tribunal de Última Instância over their constitutional jurisprudence, with the former repeatedly invalidating unconstitutional legislation with finality and the latter having never challenged the constitutionality of legislation at all. This divergence is all the more remarkable when considered in the light of the fact that the two Regions, commonly subject to oversight by China's authoritarian Party-state, possess constitutional frameworks that are nearly identical; feature similar hybrid regimes; and share a lot in history, ethnicity, culture, and language. Informed by political science and economics, this book breaks new ground by locating the cause of this anomaly, studied within the universe of authoritarian constitutionalism, not in the common law-civil law differences between these two former European dependencies, but the disparate levels of political transaction costs therein.

Author Biography:

Eric C. Ip is an Associate Professor of Law at The University of Hong Kong. His award-winning research on comparative public law has been published in peer-reviewed periodicals such as The American Journal of Comparative Law, Oxford Journal of Legal Studies and International & Comparative Law Quarterly. He is the author of Law and Justice in Hong Kong (2016). Prior to joining The University of Hong Kong, he taught at University College London and the Chinese University of Hong Kong.

Release date Australia

December 17th, 2020

Author

Eric C. Ip

Audience

Professional & Vocational

Illustrations

Worked examples or Exercises; 9 Tables, black and white

Pages

300

Series

Comparative Constitutional Law and Policy

Dimensions

152x229x16

ISBN-13

9781108969284

Product ID

33899781

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