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Article: A Storm of Unprecedented Ferocity: The Shrinking Space of the Right to Political Participation, Peaceful Demonstration, and Judicial Independence in Hong Kong
Title | A Storm of Unprecedented Ferocity: The Shrinking Space of the Right to Political Participation, Peaceful Demonstration, and Judicial Independence in Hong Kong |
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Authors | |
Issue Date | 2018 |
Publisher | Oxford University Press. The Journal's web site is located at http://icon.oxfordjournals.org/ |
Citation | International Journal of Constitutional Law, 2018, v. 16 n. 2, p. 373-388 How to Cite? |
Abstract | As Hong Kong celebrated its twentieth anniversary of becoming a Special Administrative Region of China under the One Country, Two Systems model, the tension between the socialist/civil law system and the common law system on the two sides of the border has become increasingly strenuous. The tension is most obvious in relation to the independence of the judiciary, and is aggravated by the rising economic power of China and the emergence of the so-called “localism” in Hong Kong. This article argues that the latest interpretation of the Basic Law by the Standing Committee of the National People’s Congress in the context of disqualifying a number of popularly elected legislators constitutes the most blatant interference with judicial independence in Hong Kong to date. At the same time, the judiciary in Hong Kong is facing mounting challenges from demonstrators who have tried to test the boundary of public demonstrations in the pretext of civil disobedience. The Court has done well so far in defending the rule of law, but it has to secure its own institutional space within a shrinking public space, and is treading an ever-slippery path of maintaining the liberal values of the common law system amidst a rising and powerful authoritarian regime. |
Persistent Identifier | http://hdl.handle.net/10722/256303 |
ISSN | 2023 Impact Factor: 1.1 2023 SCImago Journal Rankings: 0.463 |
SSRN | |
ISI Accession Number ID |
DC Field | Value | Language |
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dc.contributor.author | Chan, J | - |
dc.date.accessioned | 2018-07-20T06:32:30Z | - |
dc.date.available | 2018-07-20T06:32:30Z | - |
dc.date.issued | 2018 | - |
dc.identifier.citation | International Journal of Constitutional Law, 2018, v. 16 n. 2, p. 373-388 | - |
dc.identifier.issn | 1474-2640 | - |
dc.identifier.uri | http://hdl.handle.net/10722/256303 | - |
dc.description.abstract | As Hong Kong celebrated its twentieth anniversary of becoming a Special Administrative Region of China under the One Country, Two Systems model, the tension between the socialist/civil law system and the common law system on the two sides of the border has become increasingly strenuous. The tension is most obvious in relation to the independence of the judiciary, and is aggravated by the rising economic power of China and the emergence of the so-called “localism” in Hong Kong. This article argues that the latest interpretation of the Basic Law by the Standing Committee of the National People’s Congress in the context of disqualifying a number of popularly elected legislators constitutes the most blatant interference with judicial independence in Hong Kong to date. At the same time, the judiciary in Hong Kong is facing mounting challenges from demonstrators who have tried to test the boundary of public demonstrations in the pretext of civil disobedience. The Court has done well so far in defending the rule of law, but it has to secure its own institutional space within a shrinking public space, and is treading an ever-slippery path of maintaining the liberal values of the common law system amidst a rising and powerful authoritarian regime. | - |
dc.language | eng | - |
dc.publisher | Oxford University Press. The Journal's web site is located at http://icon.oxfordjournals.org/ | - |
dc.relation.ispartof | International Journal of Constitutional Law | - |
dc.rights | This is a pre-copy-editing, author-produced PDF of an article accepted for publication in International Journal of Constitutional Law following peer review. The definitive publisher-authenticated version International Journal of Constitutional Law, 2018, v. 16 n. 2, p. 373-388 is available online at: https://doi.org/10.1093/icon/moy053. | - |
dc.title | A Storm of Unprecedented Ferocity: The Shrinking Space of the Right to Political Participation, Peaceful Demonstration, and Judicial Independence in Hong Kong | - |
dc.type | Article | - |
dc.identifier.email | Chan, J: johannes@hkucc.hku.hk | - |
dc.identifier.authority | Chan, J=rp01292 | - |
dc.description.nature | postprint | - |
dc.identifier.doi | 10.1093/icon/moy053 | - |
dc.identifier.scopus | eid_2-s2.0-85050601389 | - |
dc.identifier.hkuros | 285852 | - |
dc.identifier.volume | 16 | - |
dc.identifier.issue | 2 | - |
dc.identifier.spage | 373 | - |
dc.identifier.epage | 388 | - |
dc.identifier.isi | WOS:000436153800003 | - |
dc.publisher.place | United Kingdom | - |
dc.identifier.ssrn | 3442999 | - |
dc.identifier.hkulrp | 2019/048 | - |
dc.identifier.issnl | 1474-2640 | - |