Full Description
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
Introduction
Brian Christopher Jones, University of Sheffield, UK
PART I
DISOBEDIENCE, DEMOCRACY AND LAW
1. Protest, Law and Regime Type
Fu Hualing, University of Hong Kong, and Michael Jackson, University of Hong Kong
2. The Ultimate Test of Fidelity: Judicial Responses to Civil Disobedience in Hong Kong and Taiwan
Jimmy Chia-Shin Hsu, Institutum Iurisprudentiae, Academia Sinica, Taiwan, and Anne SY Cheung, University of Hong Kong
3. Democratic Legitimacy vs Rule of Law: A Comparative Study of Oath-taking Controversies in Hong Kong and Taiwan
Zhu Han, University of Hong Kong
PART II
DEMOCRATIC STRUGGLES WITH LAW
4. Court Criticism and the Rule of Law: From 'Foreign' to 'Dinosaur' Judges
Brian Christopher Jones, University of Sheffield, UK
5. Taiwan's 'Civil Code v Special Law' Debate in the Same-Sex Marriage Controversy: A Populist Threat to the Rule of Law?
Hsiaowei Kuan, National Taipei University, Taiwan
6. Communitarian Rule of Law and the Judicial Articulation of the Right to be Represented in Singapore
Jack Tsen-Ta Lee, University of Birmingham, UK and Jaclyn L Neo, National University of Singapore
PART III
CLEARING THE SHADOW
7. Authoritarian Rule of Law in Hong Kong
Benny Y T Tai, University of Hong Kong
8. Undemocratic Constitutional Law in Taiwan
Lin Chien-Chih, Institutum Iurisprudentiae, Academia Sinica, Taiwan
9. Law in the Shadow of the Political
Xiaobo Zhai, University of Macau
10. Developing a Human Right to Democracy in International Law: Protection by the Rule of Law?
Glenn Patmore, University of Melbourne, Australia
11. Democracy, Rule of Law and Resisting the Creep of Authoritarianism
Amy Barrow, Macquarie University, Australia
