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Conference Paper: From Legal Pluralism to Dual State: Evolution of the Relationship Between the Chinese and Hong Kong Legal Orders
Title | From Legal Pluralism to Dual State: Evolution of the Relationship Between the Chinese and Hong Kong Legal Orders |
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Authors | |
Issue Date | 2021 |
Publisher | Columbia Law School. |
Citation | Public Lecture, Columbia Law School’s Hong Yen Chang Center for Chinese Legal Studies, Virtual Lecture, New York, NY, USA, 5 April 2021 How to Cite? |
Abstract | This work-in-progress argues that the relationship between the Chinese and Hong Kong legal orders has evolved from a form of legal pluralism found in the European Union, to a monist but bifurcated status – a “dual state”, to borrow from Ernst Fraenkel’s theory. Recent events, including China’s imposition of a national security law on Hong Kong and the former’s overhaul of the latter’s election methods, have consolidated the change. The picture that emerges is that Hong Kong’s common law legal order of the liberal rule-of-law tradition has definitively become a dual state that is folded within China’s socialist legal system, which is itself a dual state. The analysis not only reveals the potential and challenges of preserving liberal values in an authoritarian polity, but also enhances our understanding of the theory of the dual state. |
Description | Organized by the Hong Yen Chang Center for Chinese Legal Studies and co-sponsored by the APEC Study Center (ASC). |
Persistent Identifier | http://hdl.handle.net/10722/313086 |
DC Field | Value | Language |
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dc.contributor.author | Chan, CSW | - |
dc.date.accessioned | 2022-05-30T07:25:37Z | - |
dc.date.available | 2022-05-30T07:25:37Z | - |
dc.date.issued | 2021 | - |
dc.identifier.citation | Public Lecture, Columbia Law School’s Hong Yen Chang Center for Chinese Legal Studies, Virtual Lecture, New York, NY, USA, 5 April 2021 | - |
dc.identifier.uri | http://hdl.handle.net/10722/313086 | - |
dc.description | Organized by the Hong Yen Chang Center for Chinese Legal Studies and co-sponsored by the APEC Study Center (ASC). | - |
dc.description.abstract | This work-in-progress argues that the relationship between the Chinese and Hong Kong legal orders has evolved from a form of legal pluralism found in the European Union, to a monist but bifurcated status – a “dual state”, to borrow from Ernst Fraenkel’s theory. Recent events, including China’s imposition of a national security law on Hong Kong and the former’s overhaul of the latter’s election methods, have consolidated the change. The picture that emerges is that Hong Kong’s common law legal order of the liberal rule-of-law tradition has definitively become a dual state that is folded within China’s socialist legal system, which is itself a dual state. The analysis not only reveals the potential and challenges of preserving liberal values in an authoritarian polity, but also enhances our understanding of the theory of the dual state. | - |
dc.language | eng | - |
dc.publisher | Columbia Law School. | - |
dc.relation.ispartof | Public Lecture, Columbia Law School’s Hong Yen Chang Center for Chinese Legal Studies | - |
dc.title | From Legal Pluralism to Dual State: Evolution of the Relationship Between the Chinese and Hong Kong Legal Orders | - |
dc.type | Conference_Paper | - |
dc.identifier.email | Chan, CSW: corachan@hku.hk | - |
dc.identifier.authority | Chan, CSW=rp01296 | - |
dc.identifier.hkuros | 331796 | - |
dc.publisher.place | New York | - |