On the 25th anniversary of the establishment of the Hong Kong Special Administrative Region of the People’s Republic of China, this book presents the first monographic study of the Hong Kong Basic Law as an economic document. The Basic Law codifies what Gonzalo Villalta Puig and Eric C Ip call free market constitutionalism, the logic of Hong Kong’s economic liberty as the freest market economy in the world. This book, which is the outcome of several years of study with the financial support of the General Research Fund of Hong Kong’s Research Grants Council, evaluates the public choice rationale of the Basic Law and its projection on the Hong Kong economy, with a focus on the policy development of economic liberty both internally and externally. In the academic tradition of James M Buchanan’s constitutional political economy, the book opens with a conceptualisation of free market constitutionalism in Hong Kong. It studies the origins of this concept in the 19th-century classically liberal common law and how it developed into a Hayekian laissez-faire convention under British colonial rule, was codified into the Basic Law and is interpreted and applied by the branches of the Government of the Region. The book closes with remarks on the future of Hong Kong’s free market constitutionalism in face of recent challenges as the year 2047 approaches and the 50 years of ‘unchanged’ capitalist system under the Basic Law pass. This book will appeal to students, scholars and practitioners of law, economics, political science and public administration. It will especially appeal to those with an interest in Hong Kong law, international economic law or comparative constitutional law.
On the 25th anniversary of the establishment of the Hong Kong Special Administrative Region of the People’s Republic of China, this book presents the first monographic study of the Hong Kong Basic Law as an economic document. The Basic Law codifies what Gonzalo Villalta Puig and Eric C Ip call free market constitutionalism, the logic of Hong Kong’s economic liberty as the freest market economy in the world. This book, which is the outcome of several years of study with the financial support of the General Research Fund of Hong Kong’s Research Grants Council, evaluates the public choice rationale of the Basic Law and its projection on the Hong Kong economy, with a focus on the policy development of economic liberty both internally and externally. In the academic tradition of James M Buchanan’s constitutional political economy, the book opens with a conceptualisation of free market constitutionalism in Hong Kong. It studies the origins of this concept in the 19th-century classically liberal common law and how it developed into a Hayekian laissez-faire convention under British colonial rule, was codified into the Basic Law and is interpreted and applied by the branches of the Government of the Region. The book closes with remarks on the future of Hong Kong’s free market constitutionalism in face of recent challenges as the year 2047 approaches and the 50 years of ‘unchanged’ capitalist system under the Basic Law pass. This book will appeal to students, scholars and practitioners of law, economics, political science and public administration. It will especially appeal to those with an interest in Hong Kong law, international economic law or comparative constitutional law.
Lawbook Co. Nutshells are the essential revision tool: they provide a concise outline of the principles for each of the major subject areas within undergraduate law. Written in clear, straight forward language, the authors explain the principles, and highlight key cases and legislative provisions for each subject.
Section 92 of the Australian Constitution guarantees the free movement of goods among the States and Territories of the Commonwealth. Twenty years ago, in Cole v Whitfield, the High Court of Australia resolved to develop a definitive test for s 92. The result was a twofold test. The first is "discriminatory protectionism" - an invalidity test - which declares a law or measure invalid if it imposes a burden on interstate trade and commerce that is discriminatory in a protectionist sense. The second test is "abridged proportionality" - a saving test which declares a law or measure valid if it has a purpose that is not protectionist and any burden that it imposes on interstate trade and commerce is appropriate and adapted to the achievement of that purpose. This book is a critique of the Cole v Whitfield test for s 92 and argues that, as a matter of doctrine and practice, it is inconsistent with the Federal purpose of s 92 to create and preserve a common market for Australia. First, with regard to the concept of discriminatory protectionism as the invalidity test, the court should discard the criterion of protectionism and, thereby, convert the test into a non-discrimination norm. Second, with regard to the concept of abridged proportionality as the saving test, the court should assess the suitability, as well as the necessity and balance, of the law or measure under challenge and develop filters for the application of the test.
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