Fu Hualing & Michael Jackson in
Democracy and the Rule of Law in China’s Shadow (forthcoming Hart Publishing)
Abstract: This article explores the politics of protest law in Hong Kong, Taiwan and Mainland China. Our principal argument is that regime type is determinative of the political meaning and significance of protests, the structure of protest law, and punishment imposed on protesters. Different regimes assign drastically different political meanings and significance to protests; empower or limit courts in offering different degrees of protection of the right to protest; and encourage or prohibit civil society organizations in their function of nurturing a society with the freedom to protest. Click here to download the full paper.