Book

Hybrid constitutionalism (2019)

the politics of constitutional review in the Chinese special administrative regions

in: Comparative constitutional law and policy

Checking availability at your location

Abstract

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.

Keywords

Law, Constitutional law, Legal polycentricity, China, Macau (Special Administrative Region), Hong Kong

Languages

English

Publisher

Cambridge University Press

ISBN

9781107194922

Pages

xii, 288

DOI

10.1017/9781108163804

Export