Full Description
This collection of selected works by Professor Albert H.Y. Chen shows the contours of the author's scholarship as it developed over 35 years of his academic career, from 1984 to the present. The essays are divided into three sections which cover the three major domains of Professor Chen's research. Part I covers the legal developments and controversies of "One Country, Two Systems" since the Hong Kong interpretation on "the right of abode" in 1999 to the anti-extradition movement of 2019. Part II shifts to focus on tradition and modernity in Chinese Law, including China's Confucian and Legalist traditions and how the socialist legal system in China evolved and modernized in the era of "reform and opening". Part III examines the transplantation of Western thinking and constitutionalism to East Asia in modern times and discusses the achievements and failures of these efforts. In conjunction with an introductory chapter that sets out the basic orientation and paradigm of these legal and constitutional studies and an epilogue that reflects on the main themes, this collection exemplifies the author's important contributions to the field and provides insight into how the legal orders in Hong Kong and mainland China have changed over the course of Professor Chen's academic career.
Contents
Part I The Practice of "One Country, Two Systems"
Chapter 1 The Rule of Law under "One Country, Two Systems"
Chapter 2 The Law and Politics of Constitutional Reform and Democratisation in Hong Kong
Chapter 3 The Theory and Practice of Autonomy: The Case of Hong Kong
Chapter 4 Social Movements and the Law in Post-Colonial Hong Kong
Chapter 5 A Perfect Storm: Hong Kong-Mainland China Rendition of Fugitive Offenders
Part II Tradition and Modernity in Chinese Law
Chapter 6 Confucian Legal Culture and its Modern Fate
Chapter 7 Three Political Confucianisms and Half a Century
Chapter 8 Chinese Cultural Tradition and Modern Human Rights
Chapter 9 Legal Thought and Development in the People's Republic of China
Chapter 10 Socialist Law, Civil Law, Common Law, and the Classification of Contemporary Chinese Law
Chapter 11 The Law of Property and the Evolving System of Property Rights in China
Chapter 12 Socio-legal Thought and Legal Modernisation in Contemporary China: A Case Study of the Jurisprudence of Zhu Suli
Part III Constitutionalism in Asia
Chapter 13 Constitutions, Constitutional Practice, and Constitutionalism in East Asia
Chapter 14 Five Decades of Constitutional Change in Hong Kong and East Asia
Epilogue