Hybrid Constitutionalism: The Politics of Constitutional Review in the Chinese Special Administrative Regions

Name: Hybrid Constitutionalism: The Politics of Constitutional Review in the Chinese Special Administrative Regions
Brand: Cambridge University Press
SKU: 9781107194922
Price: 1324.05 HKD
Availability: InStock
Author: Eric Ip
ISBN: 9781107194922

By Eric Ip

Cambridge University Press April 2019

Specifications

ISBN-13: 9781107194922
Publisher: Cambridge University Press
Publication: April 2019
Format: Hardback
Jurisdiction: U.K. ? Countri(es) for reference only

Details

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 Ultima Instancia 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.

1. The rise of hybrid constitutionalism

2. A transaction cost theory of hybrid constitutionalism

3. Hybrid by constitutional design

4. Comparative constitutional review in the Chinese special administrative regions

5. Transaction cost politics in Hong Kong and Macau

6. Epilogue

References

Index.

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