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- Hong Kong; Hong Kong Special Administrative Region; HKSAR; Court of Final Appeal; CFA; Basic Law; the Basic Law of the Hong Kong Special Adminstrative Region of the People's Republic of China; localists; localism; political speech; free expression; free speech; freedom of speech; China; People's Republic of China; PRC; rights; Standing Committee of the National People's Congress; NPCSC; one country (1)
- Social and Cultural Rights; DPP; KMT; Act on Promoting Transitional Justice; Judicial Yuan; soft power; soft independence (1)
- South Africa; apartheid; post-apartheid; constitution; South African Constitution; African National Congress; ANC; A Bill of Rights for a New South Africa; discrimination; sexual orientation; sexuality; gay; gay rights; LGBT; LGBTQ; women; Women's Section; Constitutional Committee; bill of rights; draft Bill of Rights; multi-party democracy; democracy; Albie Sachs; Mayibuye Archives; ANC National Committee; NEC (1)
- Taiwan; Republic of China; ROC; China; PRC; legal identity; identity; legal history; legal system; National Affairs Conference on Judicial Reform; Tsai; reform; transparency; ICCPR; International Covenant on Economic (1)
- Two systems; OCTS; Sino-British Joint Declaration of 1984; Joint Declaration; Article 158 (1)
Articles 1 - 3 of 3
Full-Text Articles in Legal History
Forging Taiwan’S Legal Identity, Margaret K. Lewis
Forging Taiwan’S Legal Identity, Margaret K. Lewis
Brooklyn Journal of International Law
The legal system in Taiwan is undergoing a transformation. Over a hundred years since the founding of the Republic of China and over thirty years since the end of martial law on Taiwan, a new legal identity is being forged. Public criticism of “dinosaur” judges and esoteric debates among law-trained elites have galvanized efforts to create a more inclusive discussion surrounding legal reforms. Taiwan is facing the challenge of moving from dinosaurs to dynamism. This Article argues that transparency, clarity, and participation both are animating principles of the current reform debate and are beginning to emerge as characteristics of Taiwan’s …
Grinding Down The Edges Of The Free Expression Right In Hong Kong, Stuart Hargreaves
Grinding Down The Edges Of The Free Expression Right In Hong Kong, Stuart Hargreaves
Brooklyn Journal of International Law
In the liberal-democratic tradition limits on speech must be clear, precise, and subject to justification within the particular constitutional framework of a given jurisdiction. In the Hong Kong Special Administrative Region (HKSAR), the Court of Final Appeal has developed a line of jurisprudence that explains under which circumstances the Government of Hong Kong (Government) may seek to limit the free speech provisions contained within the Basic Law, Hong Kong's quasi-constitution. In its fight against ‘localists,’ however, rather than legislating a clear speech restriction that is consistent with this jurisprudence, the Government has instead attempted to suppress unwelcome political speech in …
Roots Of Revolution: The African National Congress And Gay Liberation In South Africa, Joseph S. Jackson
Roots Of Revolution: The African National Congress And Gay Liberation In South Africa, Joseph S. Jackson
Brooklyn Journal of International Law
South Africa’s post-apartheid constitutions were the first in the world to contain an explicit prohibition of discrimination on grounds of sexual orientation, and that prohibition established the foundation for marriage equality and broad judicial and legislative protection of gay rights in South Africa. The source of this gay rights clause in the South African Constitution can be found in the African National Congress’s decision to include such a clause in the ANC’s A Bill of Rights for a New South Africa, published when the apartheid government of South Africa was still in power. This article traces the story of that …