G B Zhu

• BA, MA, LLM, PhD, HDR
• Professor at City University of Hong Kong

A general perception among Chinese constitutional law scholars exists that constitutional review as institution and mechanism is an integral part of the constitutional arrangement under the current Constitution (1982).1 The view is somewhat mistaken but is not completely wrong. The aim of this Chapter is to examine that while substantial constituti...

This chapter aims at offering a brief sketch of the changed and ever-changing paradigms in contemporary Chinese legal studies. The authors identify here two general paradigm shifts across the legal scholarship and academia of legal studies in the post-1978 China which are: de-Sovietization and de-Marxization, on the one hand, and legalization of ma...

Judicial deference to the administration is a concept and legal practice that is present to a greater or lesser degree in every constitutional system. The analysis of the national reports reveals why, how and when the courts defer to administrative actions. In each constitutional system, deference is employed differently as the positioning of the j...

This article examines the role of the judiciary in Nepal after the adoption of the new Constitution and examines its position via the lenses both of the separation of powers and the rule of law. By comparing the present Constitution with the previous constitutional documents of Nepal, it seems that the constitutional drafters on the one hand aimed...

This book investigates judicial deference to the administration in judicial review, a concept and legal practice that can be found to a greater or lesser degree in every constitutional system. In each system, deference functions differently, because the positioning of the judiciary with regard to the separation of powers, the role of the courts as...

Since the late 1970s, China has undergone large-scale socioeconomic transformations, which have enormously impacted its governance. The evolution of the central administration of labour provides an appropriate sample illustrating how market transition (or economic marketisation) and globalisation affect the government system in China, and how a new...

Citation: 47 HKLJ 221 Since the activation of the new constitutional order of Hong Kong on 1 July 1997, a plethora of court decisions have directly or indirectly implemented the concepts of separation of powers, and constitutional review, in its strong form, although all two concepts were not explicitly stipulated in the Basic Law.On top of that, s...

Although the right to minority language instruction is widely recognized as a linguistic human right, it has not simultaneously been recognized and implemented in China. This article aims to analyze a Chinese dilemma: how to maintain economic growth while protecting minority rights in general and linguistic rights in particular. By examining the ev...

如世界各国宪法之通例，中国宪法（1982年）也列举了公民可享有的基本权利。2004年宪法修正案在第33条增加了一款“国家尊重和保障人权”，就此翻开了中国权利保护的新篇章。然而，中国政府及其官员对公民宪法权利和自由的侵害，司法救济对这种现象制约机制的不足，所有这些在国内外备受诟病。其结果是，权利和自由的实现和保障机制差强人意。紧扣宪法权利条款的落实的主题，本文首先分析现行宪法框架阻碍了循司法解决之途由人民法院直接适用宪法的原因。其次，本文探究人民法院近来所做过的一些尝试，以及其对保护公民权利所产生的深远影响。再次，本文进一步讨论即使在当前法律政策格局下尚无法实现实质的制度性突破的情况下，人民法院作为一个能动的宪法执行者在落实宪法权利问题上仍旧可以扮演一个幅度有限但地位不可替代的重要角色。为实现...

Like many other constitutions, the Chinese Constitution (1982) enumerates a list of fundamental rights that citizens can enjoy. The 2004 Constitutional Amendment adds the phrase "The state respects and preserves human rights" to art. 33 and marks a new page in rights protection in China. However the violation of citizens’ constitutional rights and...

Lao Tzu’s famous call for reform in the title of this paper is a useful metaphor for the need to address the outdated settings which constitute much of China’s policy toward resident foreigners. This is because unless there is improvement in the laws then there will be more social and economic exclusion of migrant populations in a time when cohesio...

Under the formula of 'one country, two systems,' Hong Kong and Macau were handed over to the People’s Republic of China to become two special administrative regions. Today, China has a total of thirty-three subnational units or constituencies: twenty-two provinces, four municipalities directly under the central government, five national autonomous...

[摘要]表达自由是自由社会的人们享有的一项带有普遍性的、根本性的权利, 通常表现为宪法或法律规定的权利。鉴于各国政治和法律体制以及文化环境之不同, 人们享有该项权利的普遍性和充分性存在很多差别。本文将从比较法、特别是普通法的角度关注是项根本权利的行使及对其设定的界限和施加的限制，并将集中展示强加这等界限或限制的法理学说, 理据、以及方法和途径。本文第一部分将摘要检视并评述现行理论观点；第二部分将顺带从欧盟法和成文宪法文本出发研究总结相关法域的司法实践；作为重点，第三部分将集中讨论普通法、特别是香港法关于表达自由界限或限制的学说和判例原则，并分析提出具有普遍意义的结论。The right to freedom of expression is a fundamental right widel...

Starting with Falun Gong, this article first identifies the meanings of the term “cult” in the context of religious belief and Chinese law, which are characterized by a strong instrumentalist nature. The article then explores the current system of law governing “evil cults,” and examines how the system actually simultaneously protects and restricts...

This essay will first trace how this system of constitutional review has been set up and evaluate its efficiency. Second, the essay will explore the development of constitutional review by courts in China by examining the Qi Yuling case and relevant judicial interpretations. Finally, the essay will discuss the theoretical development of the establi...

有关香港基本法解释权的所有争议均源于基本法的混合特性。基本法第158条设计的制度安排不仅能够区分“一国”之下大陆法和普通法之特质，且可以保留两种法律及司法制度的基石。不过，由于基本法第158条“是两种法律制度妥协的产物”，它是导致基本法解释混乱和冲突的根源。总体上说，第158条蕴含着一种有待巩固确立的宪法秩序。

The Chinese administrative system has been periodically reformed since the early 1980s. This article mainly focuses on the reforms of the State Council, the central government of China, and then deals with the five main rounds of reform. It gives a full picture of the story of reform with its context and contents, the measures taken, the difficulti...

Marketization, globalization and administrative reform in China: a zigzag road to a promising future The Chinese administrative system has been periodically reformed since the early 1980s. This article mainly focuses on the reforms of the State Council, the central government of China, and then deals with the five main rounds of reform. It gives a...

Inter-regional conflict of laws within China under the doctrine of "one country, two systems" has given rise to much discussion and controversy. This article first considers the current position of the conflict of laws between mainland China and Hong Kong and undertakes a preliminary theoretical exploration of this subject. Thereafter, the general...

From an historical perspective, this paper will firstly deal with regional national autonomy which is based on a policy of pluralistic integration formulated over the course of history. In modern and contemporary China, some experimentation has been conducted on the basis of which, the national autonomy system has been improved and reinforced follo...

The first part of this paper deals with the negeral theoretical issues of comparative law in Hong Kong. In the second part, the authors attempt to explore and explain roots of legal controversies that have been or will be generated by the interface of these two different legal as well as political systems.

If the Warren-Brandeis article is taken as a landmark in the evolution of the right of privacy, it might be argued, with some justification, that the right emerged almost a century later in China than in the West. The first consideration in China of the protection of privacy was a judicial interpretation by the Supreme People's Court in 1988.2 A sc...

Based on the first General Statutes of the State Civil Servants, this thesis deals with three main themes : the professional obligations, the rights and the protection of the civil servants, the legal responsibility and the disciplinary regime. It begins with an introduction about the legal and political principles which closely frames the legal re...