Monday, December 16, 2024

Richard Cullen on Dicey in Hong Kong (new book chapter)

"Dicey in Hong Kong"
Richard Cullen
in Twenty-First Century Perspectives on the Scholarship of AV Dicey, edited by Catherine Marshall and CĂ©line Roynier (Bloomsbury Publishing, December 2024), Chapter 13
Published online: December 2024

Abstract: When one reviews authoritarian jurisdictions with a positive history of adhering to Rule of Law shaped governance systems, Hong Kong is rightly regarded as an exemplar. British Hong Kong (BHK) provides a remarkable story of the effective development and consolidation of such a system, which has continued to apply since July, 1997, when BHK became the Hong Kong Special Administrative Region (HKSAR) within the People’s Republic of China (PRC) under the One Country Two Systems (OCTS) governing principle. This chapter: reviews how “Diceyan Constitutionalism” was fundamental, within the pivotal context of “Chinese Familism”, in shaping the development of governance institutions and pivotal operational procedures within this British Colony; and discusses how that system has coped with the most recent, radical political structure reforms imposed on Hong Kong by Beijing (following an extended period of exceptionally violent political disorder) as Hong Kong actively comprehends its future as an inalienable part of China.

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