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The constitutional relationship between China and Hong Kong: a study of the status of Hong Kong in China’s system of government under the principle of ‘one Country, two systems’

Li, Guoming (2011) The constitutional relationship between China and Hong Kong: a study of the status of Hong Kong in China’s system of government under the principle of ‘one Country, two systems’. PhD thesis, The London School of Economics and Political Science (LSE).

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Abstract

This thesis investigates the sustainability of constitutional review practised in the Hong Kong Special Administrative Region (HKSAR) within a broader political and legal system of the People’s Republic of China (PRC) in post-1997 era. Theoretical questions regarding the compatibility and workability of this type of review have been raised, particularly with respect to the constitutional interpretation of the Hong Kong Basic Law. Setting the scene against the background of thirteen years of implementation of the Hong Kong Basic Law, this thesis examines the challenge presented both to the HKSAR and the Chinese authorities working within the frame of ‘one country, two systems’. It examines practical and theoretical aspects of the interpretation of the Basic Law and of the nature of this unique constitutional relationship between the HKSAR and the PRC. This thesis explores the constitutional relations between the PRC and the HKSAR through the lens of constitutional jurisdiction of the Hong Kong Basic Law, whose interpretation has triggered huge debate in both Hong Kong and mainland China. This thesis finds that the cause for the disparity over the interpretation issue has its origins in the understanding of the fundamental concepts of sovereignty and constitution. The thesis concludes that the Hong Kong Basic Law provides the frame for a new type of constitutional relationship between the PRC and the HKSAR. The Basic Law does not solve the constitutional questions raised but rather serves as a basic framework through which the Central Authorities of the PRC and the HKSAR are enabled to evolve in an on-going process of constitutional norm-formation. My research also aims to contribute to the study on the special constitutional arrangements under the circumstances of Chinese political theory and legal system, and to offer reflections on the road towards constitutionalism in China.

Item Type: Thesis (PhD)
Additional Information: © 2011 Guoming Li
Library of Congress subject classification: K Law > K Law (General)
Sets: Departments > Law
Supervisor: Loughlin, Martin and Murphy, Tim
URI: http://etheses.lse.ac.uk/id/eprint/172

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