香港回归前后的社会运动和宪制发展 (Development of Social Movements and Constitutional Governance in Post-War Hong Kong)

Abstract

Chinese Abstract: 本文首先简要讨论了社会运动的概念，并从政治过程理论角度。回顾“二战”后香港社会运动、宪制和法治的发展，特别是回归前后的发展轨迹。探讨回归前后。香港的宪制变革及香港相对完善的法治体系和独立的司法系统，与社会运动的相互影响。总体而言，香港的政制变迁和改革，是一个公民自由逐步扩张、民主参与逐渐扩大的过程。为社会运动的开展提供机遇;而社会运动也是推动香港宪制改革的重要动力。同时也为公共管制带来挑战。此外，香港相对良好和独立的法治，一方面为社运人士提供维权手段和平台;另一方面。由于法院持守中立及有意识防止司法积极主义，有时亦规制甚至限制某些社会运动的发展。

English Abstract: This paper first discusses the concept and two contemporary mainstream theories of social movements, with an eye towards establishing its relevance in the Hong Kong case. Then it briefly reviews the historical development of social movements and constitutional systems in Hong Kong after the World War II in order to explore the interaction between the social movements and constitutional governance including the rule of law system in Hong Kong. From a historical perspective, the process of constitutional development in Hong Kong has witnessed a continuous expansion of citizens’ fights and democratic participation in public affairs, which provides ample political opportunities for social movement mobilization. On the other hand, it has also brought great challenges for public governance. Moreover, the independent judiciary and strong rule of law tradition embedded in Hong Kong political system have, on the one hand, encouraged social movement activists to use legal means as an important weapon in social movements; while in some cases constrained social movement development as the Court has consciously avoided being inappropriately involved in resolving socio-political issues. The story of Hong Kong presents an interesting case for studying how social movements might interplay with constitutional development in a society with a limited democracy but strong rule of law tradition.

Note: Downloadable document is available in Chinese.

Keywords: Hong Kong Social Movements, Hong Kong Basic Law