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This comparative study of the constitutional jurisprudence of three East Asian jurisdictions investigates how the rulings of the Constitutional Court of Taiwan, the Constitutional Court of Korea and the Hong Kong Court of Final Appeal have converged. The unique political contexts of all three jurisdictions have led to strong courts using the structured proportionality doctrine and innovative constitutional remedies to address human rights issues. Hong Kong, Taiwan, and South Korea have the only courts in Asia that regularly use a structured four-stage Proportionality Analysis to invalidate laws, and routinely apply innovative constitutional remedies such as Suspension Orders and Remedial Interpretation to rectify constitutionally flawed legislation. This volume explores how judges in these areas are affected by politics within their different constitutional systems. The latest developments in Asian constitutional law are covered, with detailed analysis of key cases.

Intro -- Preface -- Contents -- Table of Cases -- Table of Legislation -- 1. Hong Kong's Constitutional Journey -- I. Hong Kong before the 1980s -- II. Negotiation of the Sino-British Joint Declaration -- III. Drafting of the Basic Law -- IV. Developments in Colonial Hong Kong in the 1990s -- V. Major Constitutional and Legal Developments in the HKSAR -- VI. Conclusion -- Further Reading -- 2. The Autonomy of the HKSAR and the Powers of the Central Authorities -- I. The Concept of Autonomy -- II. The PRC Constitution and the Basic Law -- III. The Continuity of Laws -- IV. 'Plenary Power' and 'Patriots Ruling Hong Kong' -- V. The Powers of the HKSAR -- VI. The Powers of the Central Authorities -- VII. Conclusion: An Analysis of 'One Country, Two Systems' -- Further Reading -- 3. The Political System: The Executive and the Legislature -- I. Hong Kong's Political System: From Colony to SAR -- II. The Chief Executive -- III. The Executive Council -- IV. Principal Officials, Bureaux and Departments -- V. Access to Information -- VI. The Legislative Council -- VII. Independent Agencies -- VIII. Conclusion -- Further Reading -- 4. The Political System: Electoral Politics and Constitutional Changes -- I. The Electoral System -- II. Political Polarisation in Hong Kong -- III. The 'Ruling Coalition' in the HKSAR -- IV. The Dynamics of Constitutional Reform -- V. The Electoral Overhaul of 2021 -- VI. Conclusion -- Further Reading -- 5. Constitutional Role of the Judiciary -- I. Structure, Organisation and Composition of Hong Kong's Courts -- II. Constitutional Review of Local Legislation -- III. Judicial Review of the Central Authorities' (NPC/NPCSC) Acts -- IV. Judicial Treatment of NPCSC Interpretations -- V. Retrospective Effect of NPCSC Interpretations -- VI. Constitutional Significance of the NPCSC's Power of Interpretation.