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Democracy and Rule of Law in China's Shadow

Democracy and Rule of Law in China's Shadow

  • Author:
  • Publisher: Hart Publishing
  • ISBN: 9781509933969
  • Published In: August 2021
  • Format: Hardback
  • Jurisdiction: China ? Disclaimer:
    Countri(es) stated herein are used as reference only

List Price: HKD 819.00

HKD 794.43 Save HKD 24.57 (3%)

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  • Description 
  • Contents 
  • Details

    This book provides detailed insight into some of the most contentious events occurring in jurisdictions operating within China's vast shadow.

    Epic clashes between law and politics have become a regular fixture throughout the world, and no region has seen more of these than Asia. In some cases these conflicts have involved newfound democratic aspirations or democratic deepening, while in others it has arisen because of pushback against authoritarian or semi-authoritarian governments. Indeed, many of these clashes centre on or involve the region's most powerful and controversial player: China. This book focuses on several of these critical struggles, examining how democracy and the rule of law play out in a number of jurisdictions highly influenced by China's presence.

    Chapters provide insightful analysis on issues such as: major threats to the rule of law and attempts to uphold the principle, oath-taking controversies, foreign judges and the disparagement of the judiciary, unconstitutional and undemocratic provisions, changing ideas of representation, a right to democracy in international law, same-sex marriage rights, and the legal responses to civil disobedience in Taiwan and Hong Kong, among other topics.

    Ultimately, the book delivers a contemporary understanding of how democracy and the rule of law both complement and converge in this fascinating region.

  • Introduction
    Brian Christopher Jones
    Part I: Disobedience, Democracy and Law
    1. Protest, Law, and Regime Type
    Fu Hualing and Michael Jackson
    2. The Ultimate Test of Fidelity: Legal Responses to Civil Disobedience in Taiwan and Hong Kong
    Jimmy Chia-Shin Hsu and Anne Cheung
    3. Democratic Legitimacy vs Rule of Law: A Comparative Study of Oath-Taking Controversies in Hong Kong and Taiwan
    Zhu Han
    Part II: Democratic Struggles with Law
    4. Court Criticism and the Rule of Law: from 'Foreign' to 'Dinosaur' Judges
    Brian Christopher Jones
    5. Taiwan's 'Civil Code v. Special Law' Debate in the Same-Sex Marriage Controversy: A Populist Threat to the Rule of Law?
    Kuan Hsiaowei
    6. Communitarian Rule of Law and the Judicial Articulation of the Right to be Represented in Singapore
    Jack Tsen-Ta Lee and Jaclyn L Neo
    Part III: Clearing the Shadow
    7. Authoritarian Rule of Law in Hong Kong
    Benny Tai
    8. Undemocratic Constitutional Law in Taiwan
    Lin Chien-Chih
    9. Law in the Shadow of the Political
    Zhai Xiaobo
    10. Developing a Right to Democracy in International Law: Protection by the Rule of Law
    Glenn Patmore
    Concluding Chapter
    Amy Barrow

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