Democracy and Rule of Law in China's Shadow (Constitutionalism in Asia)

La 4e de couv. indique : "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" Contents List of Contributors Introduction Post-Movement Developments The Focus of this Collection Part I: Disobedience, Democracy and Law 1. Protest, Law and Regime Type Introduction Protest and Authoritarianism: China Protest and Democracy: Taiwan Protest and the Rule of Law: Hong Kong The Politics of Protest The Future of Protest 2. The Ultimate Test of Fidelity: Judicial Responses to Civil Disobedience in Hong Kong and Taiwan Civil Disobedience and the Judicial Role in Law and Social Change Civil Disobedience before Hong Kong and Taiwan Courts Taiwan Courts in Response to the Sunflower Movement Conclusion 3. Democratic Legitimacy vs Rule of Law: A Comparative Study of Oath-taking Controversies in Hong Kong and Taiwan Introduction 2016 LegCo Oath-Taking Controversies in Hong Kong Historical Review: Oath-Taking Disputes in Taiwan The United Kingdom: Abstentionism and Separatism Dilemma: Inherent Tension between Rule of Law and Political Legitimacy Conclusion Part II: Democratic Struggles with Law 4. Court Criticism and the Rule of Law: From 'Foreign' to 'Dinosaur' Judges The tensions between democracy, public criticism, and the rule of law The rule of law test Judicial criticism in a withering semi-democracy: Hong Kong Judicial criticism in a stable democracy: Taiwan Conclusion 5. Taiwan's 'Civil Code v Special Law' Debate in the Same-Sex Marriage Controversy: A Populist Threat to the Rule of Law? Introduction The Controversy over Popular Voting under the Shadow of China Same-sex Marriage on the Ballot Popular Voting as a Strategy for the Campaign to Oppose Same-sex Marriage The 'Civil Code vs Special Law' Debate in the Same-sex Marriage Controversy in Taiwan Conclusion 6. Communitarian Rule of Law and the Judicial Articulation of the Right to be Represented in Singapore Introduction Contested Concepts of the Rule of Law in Singapore The Rule of Law's Relationship to Democracy within Singapore Judicial Articulation of the Right to be Represented Conclusion Part III: Clearing the Shadow 7. Authoritarian Rule of Law in Hong Kong Democracy, authoritarianism and the ROL An Authoritarianising Hong Kong Challenges to Hong Kong's ROL Conclusion: Civil Resistance and the ROL 8. Undemocratic Constitutional Law in Taiwan The Undemocratic Constitutional Law in Taiwan Informal Constitutional Change Conclusion: Deepening Democracy in Taiwan through Referendum 9. Law in the Shadow of the Political The Party's Rule-of-law Ideal Between Optimism and Scepticism The Party and the Law The Problem of the Legality and Constitutionality of General Norms Extra-Law, Sensitive Cases and Political Movements Conclusion 10. Developing a Human Right to Democracy in International Law: Protection by the Rule of Law? Introduction Democracy The Rule of Law The Rule of Law at the International Level Conclusion 11. Democracy, Rule of Law and Resisting the Creep of Authoritarianism Rights, the Rule of Law and Resistance Hong Kong's anti-extradition protests and their aftermath Freedom of speech, whistle blowing and the emergence of COVID Authoritarian governance practices under the cover of COVID Hong Kong's National Security Law Conclusion Index "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"-- Provided by publisher 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. The 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 others. Ultimately, the book delivers a contemporary understanding of how democracy and the rule of law both complement and converge in this fascinating region. Introduction Brian Christopher Jones -- Part I: Disobedience, Democracy and Law -- 1. Protest, Law, and Regime Type Fu Hualing and Michael Jackson -- 2. The Ultimate Test of Fidelity: Legal Responses to Civil Disobedience in Taiwan and Hong Kong Jimmy Chia-Shin Hsu and Anne Cheung -- 3. Democratic Legitimacy vs Rule of Law: A Comparative Study of Oath-Taking Controversies in Hong Kong and Taiwan Zhu Han -- Part II: Democratic Struggles with Law -- 4. Court Criticism and the Rule of Law: from 'Foreign' to 'Dinosaur' Judges 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? Kuan Hsiaowei -- 6. Communitarian Rule of Law and the Judicial Articulation of the Right to be Represented in Singapore Jack Tsen-Ta Lee and Jaclyn L Neo Part III: Clearing the Shadow -- 7. Authoritarian Rule of Law in Hong Kong Benny Tai -- 8. Undemocratic Constitutional Law in Taiwan Lin Chien-Chih -- 9. Law in the Shadow of the Political Zhai Xiaobo -- 10. Developing a Right to Democracy in International Law: Protection by the Rule of Law Glenn Patmore Concluding -- Chapter Amy Barrow