One Country, Two Systems, Three Legal Orders - Perspectives of Evolution: Essays on Macau's Autonomy After the Resumption of Sovereignty by China

ISBN-13: 9783540685715 / Angielski / Twarda / 2009 / 848 str.

Paulo Cardinal; Jorge Oliveira

Opis

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."

Spis treści

Evolution and Interaction of the Three Legal Systems: Romano-Germanic, Common Law, Socialist.- 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?.- Modernisation, Westernisation, and Globalisation: Legal Transplant in China.- Comments.- Comments.- Scotland: The Constitutional Protection of a Mixed Legal System.- The South-Tyrol Autonomy in Italy.- The Europeanization of Law.- The Notion of Reparations as a Restorative Justice Measure.- Comments.- Comments.- Evolution of the Judicial Systems — Role of Public Prosecution, Role of the Lawyers, Specialised Courts, Judicial Guarantees of Fundamental Rights.- Lawyers, the Protection of Human Rights and Harmonious Society.- The Judicial Guarantees of Fundamental Rights in the Macau Legal System: A Parcours Under the Focus of Continuity and of Autonomy.- Public Prosecution vis à vis the Protection of the Legal System and the Protection of Fundamental Human Rights.- International Criminal Procedure and the Protection of the Fundamental Rights of the Person.- Comments.- Trend of Evolution of Chinese Mainland Prosecutorial System in the Context of Judicial Reform.- The Role of the Ombudsman in Defending Human Rights.- Domestic and International Judicial Protection of Fundamental Rights: A Latin American Comparative Perspective.- Fundamental Rights and Constitutional Limits and Constraints to the Police Action in the Criminal Procedure: Several Aspects in Some Juslusophony Systems.- Comments.- Comments.- Autonomy — A Comparative Approach: Purpose, Origins, International Foundations, Structures, Financial Aspects, Evolution.- 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.- Autonomy Within the P.R. of China — S.A.R.s et alii; Purpose, Origins, Structures and 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.- Fundamental Rights and Interaction of the Legal Systems.- The Ranking of the International Law in the Framework of “The Basic Law of the Macao SAR of the People's Republic of China” and the Introspection on the Perplexities of Fundamental Rights.- The Validity of the International Agreements of the Human Rights in the Juridical Order of the Special Administrative Region of Macau.- Interpretation of the Basic Law by the Courts of the Macao SAR.- The General Regime of Fundamental Rights in the Basic Law and in the International Instruments.- Comments.- Fundamental Rights and the Basic Laws of the Hong Kong and Macau Special Administrative Regions.- The Fundamental Rights in Macao.- Constitutionalism and Western Legal Traditions in Human Rights in Asian Legal Systems: With a Special Focus on Chinese Legal Systems.- Comments.- Comments.- The Autonomy of the Macau Special Administrative Region.- The Theory, Constitution and Practice of Autonomy: The Case of Hong Kong.- Interaction and Integration Between the Legal Systems of Hong Kong, Macao and Mainland China 50 Years After Their Return to China.- The Special Administrative Regions of the PRC in Comparison with Autonomous Regions Models.- Comments.- Comments.- Conference Final Comments.