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portada Hybrid Constitutionalism: The Politics of Constitutional Review in the Chinese Special Administrative Regions (Comparative Constitutional law and Policy)
Type
Physical Book
Year
2020
Language
English
Pages
302
Format
Paperback
ISBN13
9781108969284
Categories

Hybrid Constitutionalism: The Politics of Constitutional Review in the Chinese Special Administrative Regions (Comparative Constitutional law and Policy)

Eric C. Ip (Author) · Cambridge University Press · Paperback

Hybrid Constitutionalism: The Politics of Constitutional Review in the Chinese Special Administrative Regions (Comparative Constitutional law and Policy) - Eric C. Ip

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Synopsis "Hybrid Constitutionalism: The Politics of Constitutional Review in the Chinese Special Administrative Regions (Comparative Constitutional law and Policy) "

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.

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The book is written in English.
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