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  3. Hybrid Constitutionalism
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    • Publisher:
      Cambridge University Press
      Publication date:
      08 April 2019
      25 April 2019
      ISBN:
      9781108163804
      9781107194922
      9781108969284
      DOI:
      https://doi.org/10.1017/9781108163804
      Dimensions:
      (228 x 152 mm)
      Weight & Pages:
      0.55kg, 300 Pages
      Dimensions:
      (229 x 152 mm)
      Weight & Pages:
      0.408kg, 302 Pages
      • Subjects:
      Constitutional and Administrative Law, Area Studies, Law, Asian Studies, Comparative Law, East Asian Government, Politics and Policy, Politics and International Relations, Comparative Politics
      Series:
      Comparative Constitutional Law and Policy
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    Subjects:
    Constitutional and Administrative Law, Area Studies, Law, Asian Studies, Comparative Law, East Asian Government, Politics and Policy, Politics and International Relations, Comparative Politics
    Series:
    Comparative Constitutional Law and Policy
    Information

    Book description

    This is the first book that focuses on the entrenched, fundamental divergence between the Hong Kong Court of Final Appeal and Macau's Tribunal de Última Instância over their constitutional jurisprudence, with the former repeatedly invalidating unconstitutional legislation with finality and the latter having never challenged the constitutionality of legislation at all. This divergence is all the more remarkable when considered in the light of the fact that the two Regions, commonly subject to oversight by China's authoritarian Party-state, possess constitutional frameworks that are nearly identical; feature similar hybrid regimes; and share a lot in history, ethnicity, culture, and language. Informed by political science and economics, this book breaks new ground by locating the cause of this anomaly, studied within the universe of authoritarian constitutionalism, not in the common law-civil law differences between these two former European dependencies, but the disparate levels of political transaction costs therein.

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