The High Court of the People
Popular Constitutionalism inHongKong underChinese Sovereignty
Bibliographic Data
| ID | 6090404 |
|---|---|
| Authors | Eric C Ip (0000-0001-9832-0288, University of Hong Kong, corresponding author) |
| Year | 2014 |
| Volume | 36 |
| Issue | 3 |
| Pages | 314-338 |
| Publication date | 2014-07-01 |
| Peer Reviewed | Yes |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | Law & Policy (JOURNAL) |
| Journal identifiers | ISSN: 0265-8240 • E-ISSN: 1467-9930 |
| Publisher | Wiley (PUBLISHER • GB) |
| DOI | 10.1111/lapo.12023 |
| OpenAlex | W1513738987 |
| Language | EN |
| Citations received | 4 |
| References cited | 45 |
Popular constitutionalism rarely arises in authoritarian polities. In the absence of genuine elections and referenda, aggrieved and disenfranchised citizens are more likely to resort to extraconstitutional action to defend themselves, to which the regime may respond with decisive suppression. Systemic popular constitutionalism did emerge inHongKong, currently underChinese sovereignty, however. Through coordinated mass resistance based on shared constitutional understandings, large numbers of residents have succeeded in restraining the appointedHongKong chief executive from deploying his full range of powers, obligedChina to make concessions on electoral reform it would not have made otherwise, and enabled the Basic Law, an imposed constitution, to remain relevant. This article specifies three preconditions under which the residents ofHongKong have, in the teeth of authoritarianism, managed to adjudge the constitutionality of the acts of the ruling elite with their feet. These preconditions, nevertheless, are idiosyncratic, and may not endure the recent mounting tensions betweenHongKong andChina [Correction added on 5 June 2014, after first online publication: the phrase “to authoritarian politic” has been removed from the last statement in the abstract
Authoritarianism · Constitution · Constitutionalism · Constitutionality · Democracy · Law and economics · Political science · Politics · Principle of legality · Sociology · Sovereignty · China's Socioeconomic Reforms and Governance · Hong Kong and Taiwan Politics · Law
What is Missing from Political Economy
Explaining Social Behavior
The Politics of Constitutional Review in Germany
The Endurance of National Constitutions
The Making of Economic Policy
Political Development in Hong Kong
Electing Hong Kong's Chief Executive
Competition Policy and Law in China, Hong Kong and Taiwan
Chinese Communists and Hong Kong Capitalists
Competitive Authoritarianism
Constitutional stability
The changing context of corruption control
Hong Kong's ‘One Country, Two Systems’ Experience under the Basic Law
China and political reform in Hong Kong
State-Society Conflicts under Hong Kong's Hybrid Regime
Is Hong Kong Democratizing
Hong Kong's Democratic Movement and the Making of China's Offshore Civil Society
Hong Kong, 1997
Value Changes and Legitimacy Crisis in Post-industrial Hong Kong
Contradictions in the Development of Citizenship in Hong Kong
Who's Influencing Whom? Exploring the Influence of Hong Kong on Politics and Governance in China
Resource disparity and multi-level elections in competitive authoritarian regimes
The Evolution of Constitutional Adjudication in the Chinese Special Administrative Regions
The Political Foundations of Democracy and the Rule of the Law
Hong Kong's Problematic Democratic Transition
Hong Kong's Colonial Legacy
| Unique citing works | 4 |
|---|---|
| Citations per year | 0,4 |
| Citation span | 2016 - 2019 (4) |
| Citation velocity | historical |
| Highly cited | No |
| Citation types | Neutral: 4 |