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Democracy and Rule of Law in China's Shadow [Kõva köide]

Edited by (University of Liverpool, UK)
  • Formaat: Hardback, 272 pages, kõrgus x laius: 234x156 mm, kaal: 562 g
  • Sari: Constitutionalism in Asia
  • Ilmumisaeg: 01-Jul-2021
  • Kirjastus: Hart Publishing
  • ISBN-10: 1509933964
  • ISBN-13: 9781509933969
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  • Kõva köide
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  • Formaat: Hardback, 272 pages, kõrgus x laius: 234x156 mm, kaal: 562 g
  • Sari: Constitutionalism in Asia
  • Ilmumisaeg: 01-Jul-2021
  • Kirjastus: Hart Publishing
  • ISBN-10: 1509933964
  • ISBN-13: 9781509933969
Teised raamatud teemal:
"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"--

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.

Muu info

This edited collection focuses on the principles of democracy and the rule of law both within China and in the shadow of its authoritarianism.
List of Contributors
vii
Introduction 1(10)
Brian Christopher Jones
PART I DISOBEDIENCE, DEMOCRACY AND LAW
1 Protest, Law and Regime Type
11(22)
Fu Hualing
Michael Jackson
2 The Ultimate Test of Fidelity: Judicial Responses to Civil Disobedience in Hong Kong and Taiwan
33(32)
Jimmy Chia-Shin Hsu
Anne S.Y. Cheung
3 Democratic Legitimacy vs Rule of Law: A Comparative Study of Oath-taking Controversies in Hong Kong and Taiwan
65(20)
Zhu Han
PART II DEMOCRATIC STRUGGLES WITH LAW
4 Court Criticism and the Rule of Law: From `Foreign' to `Dinosaur' Judges
85(20)
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?
105(24)
Hsiaowei Kuan
6 Communitarian Rule of Law and the Judicial Articulation of the Right to be Represented in Singapore
129(20)
Jack Tsen-Ta Lee
Jaclyn L. Neo
PART III CLEARING THE SHADOW
7 Authoritarian Rule of Law in Hong Kong
149(30)
Benny Y. T. Tai
8 Undemocratic Constitutional Law in Taiwan
179(18)
Lin Chien-Chih
9 Law in the Shadow of the Political
197(22)
Xiaobo Zhai
10 Developing a Human Right to Democracy in International Law: Protection by the Rule of Law?
219(20)
Glenn Patmore
11 Democracy, Rule of Law and Resisting the Creep of Authoritarianism
239(16)
Amy Barrow
Index 255
Brian Christopher Jones is Lecturer in Law at the School of Law, University of Sheffield, UK