A Tale of Two Islands: Comparative Reflections on Constitutionalism in Hong Kong and Taiwan

Abstract

Both Hong Kong and Taiwan have been major sites of constitutional experimentation in East Asia in the last two decades. Constitutionalism is characterised by the rule of law and of the constitution, separation of powers and judicial independence, and the constitutional protection of human rights. It subjects political power to legal control, and enables peaceful transfer of political power in accordance with electoral rules of the game. Both Hong Kong and Taiwan have made significant progress in developing constitutionalism since the 1980s. This article compares the records of these two 'islands' (territories) in this regard, and explore the future of a constitutionalism rooted in Chinese culture and society. It concludes that the constitutional projects in both Hong Kong and Taiwan are still works in progress that await completion.