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In a comprehensive examination of the constitutional systems of Hong Kong, Malaysia, and Singapore, Po Jen Yap contributes to a field that has traditionally focused on Western jurisdictions. Drawing on the history and constitutional framework of these Asian law systems, this book examines the political structures and traditions that were inherited from the British colonial government and explores how dialogic review can be applied to four core constitutional concerns: freedom of expression, freedom of religion, right to equality, and criminal due process rights.

Includes bibliographical references (p. [583]-599) and index ; This is the first systematic analysis of the constitutional, legal, economic, social and political systems of Hong Kong as a special administrative region of China. It examines the Basic Law against its historical and socio-economic contexts, including its international and domestic foundations, and the loss and the resumption of sovereignty by China. The author offers a conceptualization of the Basic Law and locates it within China's constitutional, political and legal systems. The book explores the balance as well as the tensions between the autonomy of Hong Kong and the sovereignty of China, which are aggravated by the necessity to accommodate contrasting economic and political systems. It also identifies key legal and political problems that are likely to arise in implementing the Basic Law and suggests an approach to its interpretation ; The Basic Law provides a fascinating example of the interaction of widely different traditions of law, politics and economy, and a novel system of autonomy. Its study is therefore of great interest to scholars of comparative law and politics. This new edition covers significant political, constitutional and legal developments since the transfer of sovereignty in July 1997 ; published_or_final_version ; Preface to the Second Edition pvii ; Preface to the First Edition pxi ; Abbreviations pxiii ; Table of Cases pxv ; App.1 Treaty of Nanking 1842 p501 ; App.2 Convention of Peking 1860 p505 ; App.4 Convention of Peking 1898 p511 ; App.5 Sino-British Joint Declaration 1984 p513 ; App.6 Basic Law of the Hong Kong Special Administrative Region and Related NPC Decisions p531 ; References and Bibliography p583 ; Index p601 ; Ch.1 The Acquisition of British Sovereignty Over Hong Kong p1 ; Ch.2 The Resumption of Sovereignty p35 ; Ch.3 China: the New Sovereign p81 ; Ch.4 Sovereignty and Autonomy: the Framework of the Basic Law p137 ; Ch.5 Interpretation of the Basic Law p189 ; Ch.6 The Economic System p231 ; Ch.7 The Political and Administrative System p245 ; Ch.8 The Legal and Judicial System p303 ; Ch.9 Sources of Law p359 ; Ch.10 Rights, Freedoms and Social Policies p401 ; Ch.11 International Aspects of the HKSAR p457 ; Ch.12 Reflections p493 ; References to the Sino-British Joint Declaration p577 ; References to the Basic Law p579

The Supreme Court of Tennessee has been faced with few major Constitutional Law problems during the period under consideration. Statistically, the action of the Court in invalidating one law out of almost a score that were attacked before it on the basis of constitutional defect suggests an attitude of judicial restraint toward the product of a coordinate branch of government. The relatively small number of constitutional questions raised-- and many of them were obviously make-weight rather than points of principal reliance-- suggests a general awareness of the Court's stability and the unlikelihood of its departing from established precedent. Similarly, regard for the precedent established in Plessy v. Ferguson, with its "separate but equal" doctrine, was a major factor in the decision of two federal district courts in Tennessee involving alleged deprivation of constitutional rights in the furnishing of educational and recreational facilities to Negroes. It was not a year for the expansion or contraction of doctrines of constitutionality previously established, although in one instance at least it appears that some "new law" was made.

In 1970 Belgium established three Communities: the French, Flemish and German-speaking Communities. It was then in 1980 that three regions were set up: Walloon, Flemish and Brussels. Further amendments to the Constitution were made on 7 and 15 July 1988, as well as a special law of 8 August 1988 amending the original law of 8 August 1980. It is essential to say that most of the changes and principles governing the organisation and functioning of both the three Communities and the three regions date back to 1970 and 1980. The international nature of the Community's role in 1970 is significant. In 1980, an Arbitration Court was provided for by the Constitution and established to settle conflicts between the laws and decrees of the Communities and the Regions. The Federal State is characterised by two features: autonomy and co-operation. In 1988, the Arbitration Court continued the work of constitutional justice and verifies the conformity of laws or decrees with the provisions of international law and in particular European law. ; En 1970 la Belgique a instauré trois Communautés : les Communautés française, flamande et germanophone. Puis c'est en 1980 que se sont mises en place trois Régions : wallonne, flamande et bruxelloise. De nouveaux amendements à la Constitution ont été faits le 7 et le 15 juillet 1988, ainsi qu'une loi spéciale du 8 août 1988 qui est venue modifier la loi originale du 8 août 1980. Il est indispensable de dire que l'essentiel des changements et des principes d'organisation et de fonctionnement des trois Communautés aussi bien que des trois Régions datent de 1970 et de 1980. Le caractère international du rôle que les Communautés ont joué en 1970 est significatif. En 1980, une Cour d'arbitrage a été prévue par la Constitution et créée afin de régler les conflits entre les lois et les décrets des Communautés et des Régions. L'Etat fédéral se caractérise par deux traits : l'autonomie et la co-opération. En 1988 la Cour d'arbitrage poursuit l'oeuvre de justice constitutionnelle et vérifie la ...

"Constitutional Law" published on by Oxford University Press.

The impact of EU membership on the UK constitution has been profound. In the Miller (Article 50) case, the Supreme Court described the effect of the European Communities Act 1972 (ECA) – the means by which EU membership was given effect within the UK – as being unprecedented in constitutional terms. Not only did it provide for a new source of law, and a new constitutional process for making law in the UK, it also fundamentally changed the UK's system of government and the way in which we think about the location and exercise of public power.