One Country, Two Systems, Three Legal Orders

Many countries in the world attach great attention to the relationship between central and local governments, which is also of great importance for China, a great country with over one billion population. The relationship between the central government and local governments is critical for the stability and prosperity of the country and attracts wide concerns from the political and academic fields...

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Autonomous Legislative Power in Regional Ethnic Autonomy of the People's Republic of China: The Law and the Reality

Chunli Xia

One Country, Two Systems, Three Legal Orders - Perspectives of Evolution > Autonomy Within the P.R. of China — S.A.R.s et alii; Purpose, Origins, Structures and Evolution > 541-563

Ethnic policies are burning issues for states. The People's Republic of China (PRC)¹ is of no exception. China has 56 “minzu”² or ethnic groups. The Han is the majority ethnic group and the other 55 ethnic groups were recognized during the Ethnic Identification (1950–1987) (Huang and Shi 2005, pp. 104–114). The population of the country numbers 1.30 billion, of which 91.59% are the Han and the remaining...

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Macao SAR Inter-Regional Mutual Legal Assistance in Criminal Matters¹

Jorge Costa Oliveira

One Country, Two Systems, Three Legal Orders - Perspectives of Evolution > Autonomy Within the P.R. of China — S.A.R.s et alii; Purpose, Origins, Structures and Evolution > 565-581

Mutual legal assistance (hereinafter “MLA”), also usually mentioned as “judicial co-operation” or “judicial assistance”, is a matter of increasingly great relevance for the Macao Special Administrative Region (Macao SAR). Macao's vast legal autonomy, combined with a judicial system with powers of final adjudication, requires that the Macao SAR set up mechanisms enabling autonomous MLA.

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Comments

Dan Wei

One Country, Two Systems, Three Legal Orders - Perspectives of Evolution > Autonomy Within the P.R. of China — S.A.R.s et alii; Purpose, Origins, Structures and Evolution > 583-590

In modern constitutionalism literature, local autonomy has been considered as a positive result of political civilization. Being an intrastate institutional arrangement, local autonomy in different countries embodies great creativity, diversity, and vitality and has played an important role in achieving good governance under the rule of law. Local autonomy, as a component of national political...

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Evolution of Autonomy and Federalism

Hans-Joachim Heintze

One Country, Two Systems, Three Legal Orders - Perspectives of Evolution > Autonomy — A Comparative Approach: Purpose, Origins, International Foundations, Structures, Financial Aspects, Evolution > 389-407

Federalism, devolution, autonomy and other power-sharing arrangements are in general seen as political and legal arrangements to resolve domestic and ethnic conflicts. Power-sharing systems might solve internal armed conflicts and are often linked with autonomy regulations and federalism (Lijphart 1985, pp. 3). Many politicians and scholars understand political decentralization as a means of conflict...

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Autonomy Experiences in Europe — A Comparative Approach: Portugal, Spain and Italy

Fernando Domínguez García

One Country, Two Systems, Three Legal Orders - Perspectives of Evolution > Autonomy — A Comparative Approach: Purpose, Origins, International Foundations, Structures, Financial Aspects, Evolution > 409-441

Europe is a continent that is rich in cultures, peoples and traditions. The political organisation on the old continent has been changing in recent centuries due to many different historical changes. The idea of “state” has its origin in the old continent, especially due to the contribution of Italian Niccolò Machiavelli to explain the emergence of independent political units after the dismembering...

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French Overseas: New Caledonia and French Polynesia in the Framework of Asymmetrical Federalism and Shared Sovereignty

Jacques Ziller

One Country, Two Systems, Three Legal Orders - Perspectives of Evolution > Autonomy — A Comparative Approach: Purpose, Origins, International Foundations, Structures, Financial Aspects, Evolution > 443-460

New Caledonia and French Polynesia are not only the most remote parts of the French Republic — as seen from Paris — they also represent the most developed case of autonomy within the French Constitutional setting. Their autonomy justifies the use of concepts like federalism and shared sovereignty, which seem extremely paradoxical for a country that is usually perceived as a prototype of unitary state...

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The Development of Asymmetric Regionalism and the Principle of Autonomy in the New Constitutional Systems: A Comparative Approach

Giancarlo Rolla

One Country, Two Systems, Three Legal Orders - Perspectives of Evolution > Autonomy — A Comparative Approach: Purpose, Origins, International Foundations, Structures, Financial Aspects, Evolution > 461-481

The development of asymmetric regionalism and the establishment of the principle of autonomy of territorial communities represent two elements of modern constitutional systems. Unquestionably, this trend is innovative when compared to the previous federal experiences. The ongoing devolution processes reveal different characteristics with respect to the impulse favoring federalization, which promoted...

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Comments

Chris Himsworth

One Country, Two Systems, Three Legal Orders - Perspectives of Evolution > Autonomy — A Comparative Approach: Purpose, Origins, International Foundations, Structures, Financial Aspects, Evolution > 483-484

We have just had the benefit of four excellent papers. If I say that I found a special interest in the paper on New Caledonia, that is, simply because my own base is in “Old” Caledonia! I learned a lot from all four. The papers have, I think, together advanced our thinking in three different directions:

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Decentralization and Structural Policies: The European Experience

Manuel Porto

One Country, Two Systems, Three Legal Orders - Perspectives of Evolution > Autonomy — A Comparative Approach: Purpose, Origins, International Foundations, Structures, Financial Aspects, Evolution > 485-493

The European model is a model of decentralization, determined by the principle of subsidiarity. The principle was already implicit in the original version of the Treaty of Rome. But now it is explicitly stated, after the Single European Act and the Treaty of Maastricht. According to art. 5 of the EC Treaty, “in areas which do not fall within its exclusive competence, the Community shall take...

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Legal Foundations, Structures and Institutions of Autonomy in Comparative Law

Markku Suksi

One Country, Two Systems, Three Legal Orders - Perspectives of Evolution > Autonomy — A Comparative Approach: Purpose, Origins, International Foundations, Structures, Financial Aspects, Evolution > 495-519

Autonomies around the world¹ as a form of organization at the sub-national level show a number of common features or dimensions that offer a basis for comparisons. The comparisons, in turn, can be used for the purposes of explaining the legal effects of various forms of autonomy and for outlining the reasons for differences and similarities. What are the key features of autonomy, how could different...

chapter

Comments

Michael C. Davis

One Country, Two Systems, Three Legal Orders - Perspectives of Evolution > Autonomy — A Comparative Approach: Purpose, Origins, International Foundations, Structures, Financial Aspects, Evolution > 521-524

This panel offers two very different papers which engage the two most common ways of exploring autonomy: Hurst Hannum engages that branch of research that explores how autonomy demands arise and what they purport to solve; while Markku Suksi engages a dominant literature that considers how different autonomy arrangements are structured and actually work. In combination they offer a rich assessment...

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The Intersection of Chinese Law and the Common Law in the Special Administrative Region of Hong Kong: Question of Technique or Politics?

Yash Ghai

One Country, Two Systems, Three Legal Orders - Perspectives of Evolution > Evolution and Interaction of the Three Legal Systems: Romano-Germanic, Common Law, Socialist > 13-50

One of the principal concerns of the Hong Kong people as China resumed sovereignty over Hong Kong was the future of the common law (an expression meaning not only judge-made law, but the entire legal and judicial system, including what were perceived to be the values and procedures of the common law). People saw the common law as the principal protection against what they regarded as unjust and oppressive...

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Law of Things in the Macau Civil Code: An Extension of the Romano—Germanic System Built Upon the Classical Concept of Ownership

Tong Io Cheng

One Country, Two Systems, Three Legal Orders - Perspectives of Evolution > Evolution and Interaction of the Three Legal Systems: Romano-Germanic, Common Law, Socialist > 51-73

The instruction given to me by the organizers is to write a paper on the following topic: “A Romano–Germanic system1 the shores of China – the case of Macau”. The paper is to focus on the characterization of Macau’s legal system as a civil law system, explore Macau’s Portuguese legal system roots in the fields of private law, and envisage scenarios for the legal system’s future continuity. ...

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Legal Transplants and Economic Development: Civil Law Vs. Common Law?

Salvatore Mancuso

One Country, Two Systems, Three Legal Orders - Perspectives of Evolution > Evolution and Interaction of the Three Legal Systems: Romano-Germanic, Common Law, Socialist > 75-89

Law is never static; it changes without any stop. Changes can go in different directions according to the pressures that determine them. Such pressures can be from different sources that are usually identified by social needs for specific changes. A detailed explanation of the reasons for the changes in legal norms is given by the historical and social analysis proposed by Marxist authors. Law changes...

INFONA - science communication portal

One Country, Two Systems, Three Legal Orders - Perspectives of Evolution

Evolution of the Judicial Systems — Role of Public Prosecution, Role of the Lawyers, Specialised Courts, Judicial Guarantees of Fundamental Rights

Autonomy Within the P.R. of China — S.A.R.s et alii; Purpose, Origins, Structures and Evolution

Fundamental Rights and Interaction of the Legal Systems

Evolution and Interaction of the Three Legal Systems: Romano-Germanic, Common Law, Socialist

Autonomy — A Comparative Approach: Purpose, Origins, International Foundations, Structures, Financial Aspects, Evolution

The Relationship Between Central and Local Governments Under the Unitary State System of China

Autonomous Legislative Power in Regional Ethnic Autonomy of the People's Republic of China: The Law and the Reality

Macao SAR Inter-Regional Mutual Legal Assistance in Criminal Matters¹

Comments

Evolution of Autonomy and Federalism

Autonomy Experiences in Europe — A Comparative Approach: Portugal, Spain and Italy

French Overseas: New Caledonia and French Polynesia in the Framework of Asymmetrical Federalism and Shared Sovereignty

The Development of Asymmetric Regionalism and the Principle of Autonomy in the New Constitutional Systems: A Comparative Approach

Comments

Decentralization and Structural Policies: The European Experience

Legal Foundations, Structures and Institutions of Autonomy in Comparative Law

Comments

The Intersection of Chinese Law and the Common Law in the Special Administrative Region of Hong Kong: Question of Technique or Politics?

Law of Things in the Macau Civil Code: An Extension of the Romano—Germanic System Built Upon the Classical Concept of Ownership

Legal Transplants and Economic Development: Civil Law Vs. Common Law?

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One Country, Two Systems, Three Legal Orders - Perspectives of Evolution