Hybrid Constitutionalism: The Politics of Constitutional Review in the Chinese Special Administrative Regions

Ip, Eric C., Hybrid Constitutionalism: The Politics of Constitutional Review in the Chinese Special Administrative Regions (New York, NY: Cambridge University Press), 2019

DOI: 10.1017/9781108163804

University of Hong Kong Faculty of Law Research Paper No. 2019/091

Posted: 28 Oct 2019 Last revised: 4 Dec 2019

See all articles by Eric C. Ip

Eric C. Ip

The University of Hong Kong

Date Written: April 1, 2019

Abstract

This is the first book that focuses on the entrenched, fundamental divergence between the Hong Kong Court of Final Appeal and Macau's Tribunal de Última Instância over their constitutional jurisprudence, with the former repeatedly invalidating unconstitutional legislation with finality and the latter having never challenged the constitutionality of legislation at all. This divergence is all the more remarkable when considered in the light of the fact that the two Regions, commonly subject to oversight by China's authoritarian Party-state, possess constitutional frameworks that are nearly identical; feature similar hybrid regimes; and share a lot in history, ethnicity, culture, and language. Informed by political science and economics, this book breaks new ground by locating the cause of this anomaly, studied within the universe of authoritarian constitutionalism, not in the common law-civil law differences between these two former European dependencies, but the disparate levels of political transaction costs therein.

Keywords: Constitutional Review, Comparative Constitutional Law, Hong Kong, Macau

Suggested Citation

Ip, Eric C., Hybrid Constitutionalism: The Politics of Constitutional Review in the Chinese Special Administrative Regions (April 1, 2019). Ip, Eric C., Hybrid Constitutionalism: The Politics of Constitutional Review in the Chinese Special Administrative Regions (New York, NY: Cambridge University Press), 2019, DOI: 10.1017/9781108163804, University of Hong Kong Faculty of Law Research Paper No. 2019/091, Available at SSRN: https://ssrn.com/abstract=3471836

Eric C. Ip (Contact Author)

The University of Hong Kong ( email )

Pokfulam Road
Hong Kong, Hong Kong
China

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