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Hybrid Constitutionalism - The Politics of Constitutional Review in the Chinese Special Administrative Regions (Hardcover)
Loot Price: R2,741
Discovery Miles 27 410
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Hybrid Constitutionalism - The Politics of Constitutional Review in the Chinese Special Administrative Regions (Hardcover)
Series: Comparative Constitutional Law and Policy
Expected to ship within 12 - 17 working days
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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 Ultima Instancia 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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