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17 - Subnational Constitutionalism: Hong Kong

from VI - Structure

Published online by Cambridge University Press:  17 February 2022

David S. Law
Affiliation:
University of Virginia
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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.

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Chapter
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Publisher: Cambridge University Press
Print publication year: 2022

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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 15831628.Google Scholar
Tarr, G. Alan, ‘Explaining Sub-national Constitutional Space’ (2011) 115 Penn State Law Review 11331149.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. 12.Google Scholar
Ghai, Yash, Hong Kong’s New Constitutional Order, 2nd ed. (HKU Press, 1999), chs. 4, 5, and 12.Google Scholar

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