One Country, Two Systems, Three Legal Orders - Perspectives of Evolution: Essays on Macau's Autonomy after the Resumption of Sovereignty by ChinaJorge Oliveira, Paulo Cardinal “One Country, Two Systems, Three Legal Orders” – Perspectives of Evolution – : Essays on Macau’s Autonomy after the Resumption of Sovereignty by China” can be said, in a short preamble-like manner, to be a book that provides a comprehensive look at several issues regarding public law that arise from, or correlate with, the Chinese apex motto for reunification – One Country, Two Systems – and its implementation in Macau and Hong Kong. Noble and contemporary themes such as autonomy models and fundamental rights are thoroughly approached, with a multilayered analysis encompassing both Western and Chinese views, and an extensive comparative law acquis is also brought forward. Furthermore, relevant issues on international law, criminal law, and historical and comparative evolutions and interactions of different legal s- tems are laid down in this panoramic, yet comprehensive book. One cannot but underline the presence, in the many approaches and comments, of a certain aura of a modern Kantian cosmopolitanism revisitation throughout the work, especially when dealing with the cardinal principle of «One Country, Two Systems», which enabled a peaceful and integral reunification ex vi international law – the Joint Declarations – that ended an external and distant control. |
Contents
| 3 | |
An Extension | 51 |
Civil | 75 |
Comments | 115 |
The SouthTyrol Autonomy in Italy | 143 |
The Europeanization of Law | 171 |
The Notion of Reparations as a Restorative Justice Measure Antonio Buti | 191 |
Comments | 207 |
Comments | 521 |
Autonomous Legislative Power in Regional | 541 |
Macao SAR InterRegional Mutual Legal Assistance | 565 |
Local Autonomy in the Context of Chinese | 582 |
The Validity of the International Agreements of the Human | 607 |
Interpretation of the Basic Law by the Courts of the Macao SAR 631 | 630 |
The General Regime of Fundamental Rights in the Basic | 655 |
Comments | 679 |
Public Prosecution vis à vis the Protection of the Legal | 271 |
Comments | 315 |
The Role of the Ombudsman in Defending Human Rights | 329 |
Fundamental Rights and Constitutional Limits and Constraints | 358 |
Comments | 375 |
New Caledonia and French Polynesia | 442 |
The Development of Asymmetric Regionalism and the Principle | 461 |
Comments | 483 |
The Fundamental Rights in Macao 695 | 694 |
Constitutionalism and Western Legal Traditions | 715 |
Comments | 733 |
Fundamental Rights and the Basic Laws of Hong Kong | 741 |
Interaction and Integration Between the Legal Systems | 768 |
Comments | 799 |
International Conference | 815 |
Other editions - View all
One Country, Two Systems, Three Legal Orders - Perspectives of Evolution ... Jorge Costa Oliveira,Paulo Cardinal No preview available - 2016 |
One Country, Two Systems, Three Legal Orders - Perspectives of Evolution ... Jorge Oliveira,Paulo Cardinal No preview available - 2009 |
Common terms and phrases
according adopted Åland Islands amparo writ appeal applied Article Assembly authority autonomous entities autonomous legislative autonomous regions Basic Law Caledonia Cardinal central government Chinese law Civil Code civil law Coimbra common law competence concept concerning Constitucional countries Court cultural decision Derecho Direito economic established ethnic European Union example exercise Faroe Islands federal French Polynesia fundamental rights guarantees Hong Kong SAR human rights important institutions International Criminal Court international criminal procedure international law interpretation issues Italian Joint Declaration judicial juridical jurisdiction justice legal supervision legal system legal transplants legislative power Macao Mainland minority norms NPCSC Parliament People’s Congress political autonomy Portugal Portuguese principle prosecution prosecutorial organs protection Province provisions reform regulations Republic of China respect rules Scotland self-determination self-government social South Tyrol sovereignty Special Administrative Region specific Standing Committee Statute sub-state entities territorial Three Legal Orders tion treaty Trentino-Alto Adige/Südtirol