Democracy and Rule of Law in China's Shadow

This book explores the conflicts between law and politics in Asia, particularly in jurisdictions influenced by China, and examines how democracy and the rule of law play out. It discusses issues such as oath-taking controversies, foreign judges, unconstitutional provisions, changing ideas of representation, and the legal responses to civil disobedience.

\n Format: Hardback
\n Length: 272 pages
\n Publication date: 01 July 2021
\n Publisher: Bloomsbury Publishing PLC
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This book delves into the intricate dynamics of some of the most contentious events unfolding in jurisdictions within China's vast shadow. Across the globe, epic clashes between law and politics have become a recurring phenomenon, with no region experiencing more of these than Asia. In some instances, these conflicts have emerged as a result of newfound democratic aspirations or the deepening of democratic processes, while in others, they have arisen as a response to pushback against authoritarian or semi-authoritarian governments. Indeed, many of these clashes revolve around or involve China, the region's most powerful and controversial player.

This book specifically focuses on several of these critical struggles, examining how democracy and the rule of law manifest in various jurisdictions heavily influenced by China's presence. The chapters offer insightful analysis on a range of topics, including:

• Major threats to the rule of law and efforts to uphold the principle
• Oath-taking controversies
• Foreign judges and the disparagement of the judiciary
• Unconstitutional and undemocratic provisions
• Changing ideas of representation
• A right to democracy in international law
• Same-sex marriage rights
• Legal responses to civil disobedience in Taiwan and Hong Kong, among other topics.

In conclusion, this book provides a contemporary understanding of how democracy and the rule of law both complement and converge in this fascinating region. It sheds light on the complex interplay between these two fundamental principles and offers valuable insights into the challenges and opportunities facing societies in Asia as they navigate the complex terrain of political, legal, and social change.

\n Weight: 562g\n
Dimension: 241 x 163 x 25 (mm)\n
ISBN-13: 9781509933969\n \n