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Democracy and Rule of Law in China's Shadow

Democracy and Rule of Law in China's Shadow

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

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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