Skip to main content Accessibility help

We use cookies to distinguish you from other users and to provide you with a better experience on our websites. Close this message to accept cookies or find out how to manage your cookie settings.

Close cookie message
×
Hostname: page-component-78c5997874-4rdpn Total loading time: 0 Render date: 2024-11-10T17:36:25.476Z Has data issue: false hasContentIssue false

17 - Subnational Constitutionalism: Hong Kong

from VI - Structure

Published online by Cambridge University Press:  17 February 2022

By
Cora Chan
Edited by
David S. Law
David S. Law
Affiliation:
University of Virginia
Get access

Summary

This chapter uses Hong Kong to illustrate the unique constitutional law challenges facing subnational jurisdictions, including that of dividing competences between the subnational and national authorities, of finding a mutually agreeable conflict resolution mechanism and of defining the place of the subnational constitution within the national constitutional order. As the only liberal, common law jurisdiction within a socialist party-state in the world, Hong Kong’s two decades of experience with China’s “one country, two systems” governing model illustrates how fraught the challenges facing a subnational constitution could be. Yet further reflection upon how Hong Kong can preserve its liberal constitutionalist status suggests creative solutions to those challenges.

Keywords

Subnational ConstitutionalismHong KongSubnational ConstitutionsAsymmetric ConstitutionalismAutonomyFederalismBasic LawOne Country Two SystemsChinaCentral-local relations
Type
Chapter
Information
Constitutionalism in Context , pp. 377 - 402
Publisher: Cambridge University Press
Print publication year: 2022

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

References

Primary Sources

Ghai, Yash and Woodman, Sophia (eds.), Practising Self-Government: A Comparative Study of Autonomous Regions (Cambridge University Press, 2013).CrossRefGoogle Scholar
Ginsburg, Tom and Posner, Eric A., ‘Subconstitutionalism’ (2010) 62 Stanford Law Review 1583–1628.Google Scholar
Tarr, G. Alan, ‘Explaining Sub-national Constitutional Space’ (2011) 115 Penn State Law Review 1133–1149.Google Scholar
‘Exploring Subnational Constitutionalism: A Special Issue’ (2012) 4(2) Perspectives on Federalism.Google Scholar

Secondary Sources

Chan, Johannes, SC (Hon) and Lim, C. L. (eds.), Law of the Hong Kong Constitution, 3rd ed. (Sweet & Maxwell, 2021), chs. 1–2.Google Scholar
Ghai, Yash, Hong Kong’s New Constitutional Order, 2nd ed. (HKU Press, 1999), chs. 4, 5, and 12.Google Scholar

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×