HONG KONG JOURNAL OF LAW AND PUBLIC AFFAIRS



ASIA'S FIRST STUDENT-EDITED LAW AND POLITICAL SCIENCE JOURNAL



HONG KONG JOURNAL OF LAW AND PUBLIC AFFAIRS



the hkjlpa: Official ACADEMIC JOURNAL of students belonging to the BSocSc (Govt&Laws) & LLB programme



The Hong Kong Journal of Law and Public Affairs (HKJLPA) is the first English language student-edited journal in law and political science in East Asia, published by the Government and Laws Committee, The University of Hong Kong (GLC) since 2019, in restoration of the student-edited Hong Kong University Law Journal (1926-1927), founded by Professor George Keeton (1902-1989), the first Lecturer of Political Science and Jurisprudence and Reader of Law and Politics at HKU, and later Dean of Laws and Vice Provost at University College London (UCL).


Supported by an International Editorial Advisory Board consisting of distinguished scholars, HKJLPA publishes articles in the English language from researchers, teachers, practitioners, and students all over the world. It accepts submissions in all areas broadly related to the intersection between law and politics, including but not limited to comparative constitutional law and politics, international law and relations, jurisprudence and political philosophy, and administrative law and public administration.


As the GLC’s flagship publication backed by the HKU Government and Laws Programme, HKJLPA is committed to promoting a stronger understanding of cutting-edge issues that lie at the nexus of law and politics at the international and domestic levels, and to offering a robust platform for the exploration of ideas that will guide how societies are organised and governed.



EDITORIAL BOARD





FOUNDING EDITOR IN CHIEF AND MANAGING EDITOR

Mr. Trevor T W Wan

BSocSc (Govt&Laws) & LLB IV



INTERNATIONAL EDITORIAL ADVISORY BOARD





Ms. Cora Chan

Deputy Head, Department of Law, The University of Hong Kong Associate Professor, Faculty of Law, The University of Hong Kong


Dr. Ngoc Son Bui

Assistant Professor, Faculty of Law, The Chinese University of Hong Kong


Dr. Anna Dziedzic

Associate Director, Centre for Comparative and Public Law, The University of Hong Kong

Global Academic Fellow, Faculty of Law, The University of Hong Kong


Professor Andrew Harding

Visiting Research Professor, Faculty of Law, National University of Singapore


Professor Zeid Ra'ad Al Hussein

Perry World House Professor of the Practice of Law and Human Rights, The University of Pennsylvania

United Nations High Commissioner for Human Rights (2014 - 2018)


Dr. Eric C. Ip

Director (Law), BSocSc (Govt&Laws) & LLB Programme

Associate Professor of Law, Faculty of Law, The University of Hong Kong


Professor Sungmoon Kim

Professor, Department of Public Policy, City University of Hong Kong

Associate Dean (Postgraduate studies), College of Liberal Arts and Social Sciences, City University of Hong Kong


Professor Eliza W. Y. Lee

Director (Politics and Public Administration), BSocSc (Govt&Laws) & LLB Programme

Professor, Department of Politics and Public Administration, The University of Hong Kong


Dr. Jaclyn L. Neo

Director, Centre for Asian Legal Studies, Faculty of Law, National University of Singapore

Associate Professor, Faculty of Law, National University of Singapore


Dr. Chengyi Peng

Associate Research Fellow, Institute of World Economics and Politics, Chinese Academy of Social Sciences


Dr. Dan W. Puchniak

Associate Professor, Faculty of Law, National University of Singapore



SECOND VOLUME 2020: MILITANT DEMOCRACY AND CONSTITUTIONALISM



MILITANT DEMOCRACY AND CONSTITUTIONALISM



SECOND VOLUME 2020





The Second Volume 2020 of the Hong Kong Journal of Law and Public Affairs, published in Fall 2020, is entitled “Militant Democracy and Constitutionalism”.


The end of Cold War has once endowed the world with optimism that the End of History has finally arrived. However, the rise of populist leaders with little regard to democratic norms, authoritarians which harness the constitutional toolbox to subvert democratic processes and an unprecedented invocation of emergency powers to combat the COVID-19 pandemic have all but blossomed into a siege against Constitutional Democracies on a global scale. This timely Volume, situated against the backdrop of global constitutional backsliding, features essays from leading political scientists and constitutional scholars. It discusses one of the possible countermeasures of democratic self-defence that has existed since 1937 – militant democracy and militant constitutionalism.


In addition, this Second Volume is graced with a case commentary on Miller (No.2), two interviews with leading constitutional lawyers Professor Andrew J. Harding and Dr. Tonio Borg, and two author interviews conducted with Professor Joel Colón-Ríos and Dr. Eric C. Ip on their new books. It ends, as usual, with a review of the Government and Laws Committee's initiatives and publications over the past academic year.


REQUEST FULL VOLUME

Part I
Research Articles



Constitutionalism and Populism. Does militant democracy have a place?



Professor Graham Maddox
Emeritus Professor, Faculty of Humanities, Arts, Social Sciences and Education
University of New England


READ

Memory of Horror and Post-World War II Constitutionalism



Dr. Giuseppe Martinico
Associate Professor of Comparative Public Law, the Scuola Superiore Sant’Anna, Pisa


READ

Militant Democracy and Militant Constitutionalism – Origins, Substance and Future Significance in Constitutional Law and Constitutional Reality



Professor Markus Thiel
University Professor for Public Law with Special Reference to Police Law, Spokesman of Lecturers and Chairman of the Ethics Committee, The German Police University at Münster, Germany


READ

Decency and Defensive Democracy:
Applying George Orwell to the Brexit Imbroglio



Professor Richard Mullender
Professor of Law and Legal Theory, Newcastle Law School, Newcastle University, England


READ

Militant Constitutionalism: Safeguarding constitutional democracy in the case-law of the European Court of Human Rights



Dr. Jernej Letnar Černič
Associate Professor of Human Rights and Constitutional Law at the Faculty of Government and European Studies of the New University (Ljubljana/Kranj, Slovenia)


READ

The Struggles of Democracy against the “New Terrorist” - the COVID-19 Pandemic: Separation of Powers - The Israeli Experience



Dr. Dalit Ken-Dror Feldman
Legal Supervisor of the Legal Clinic for Law, Technology and Cyber, Faculty of Law, University of Haifa;Post-Doctoral researcher, the IDC Herzliya and Tel-Aviv University

Professor Emanuel Gross
Professor Emeritus, Faculty of Law, University of Haifa


READ

Democracy, Democratic Self-Defence and Confucianism: A Critique of Li Chenyang's thesis



Ms. Dilys S. Y. Tam
Third-Year Bachelor of Social Sciences (Government and Laws) & Bachelor of Laws Candidate
The University of Hong Kong


READ

Militant Democracy and COVID-19: Protecting the Regime, Protecting Rights?



Dr. Max Steuer
Research Fellow, Department of Political Science, Comenius University in Bratislava


READ

Hungary, COVID-19 and Emergency Law: Democracy at Crossroads?



Mr. James W. C. Lee
Fourth-Year Bachelor of Social Sciences (Government and Laws) & Bachelor of Laws Candidate
The University of Hong Kong


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Part II
Case Commentary



The Meaning of Justiciability and the Nature of Judicial Review under Common Law Constitutionalism: Lessons from R (Miller) v Prime Minister [2019] UKSC 41



Mr. Thomas K. Y. Yeon
Judicial Assistant, Hong Kong Court of Final Appeal


READ

Part III
Conversations with Scholars and Practitioners



In Conversation with Professor Andrew J. Harding
Visiting Research Professor, Faculty of Law, National University of Singapore



Mr. Trevor T. W. Wan (with Professor Andrew J. Harding)'
Editor-in-Chief and Managing Editor, Hong Kong Journal of Law and Public Affairs


READ

In Conversation with Dr. Tonio Borg
Senior Lecturer, Faculty of Laws, University of Malta
Deputy Prime Minister, Malta (2004 - 2012)
European Commissioner for Health (2013 - 2014)



Mr. Trevor T. W. Wan
Editor-in-Chief and Managing Editor, Hong Kong Journal of Law and Public Affairs

Mr. Anfield C. H. Tam
Senior Editor, Hong Kong Journal of Law and Public Affairs


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Part IV
Author Interviews



Constituent Power and the Law (Oxford University Press, 2020)



By Professor Joel Colón-Ríos, Faculty of Law, Victoria University of Wellington


READ

Judging Regulators: The Political Economy of Anglo-American Administrative Law (Edward Elgar, 2020)



By Dr. Eric C. Ip,
Associate Professor and Director of the BSocSc (Govt&Laws) & LLB Programme, Faculty of Law, The University of Hong Kong


READ

INAUGURAL VOLUME: CONFUCIAN DEMOCRACY AND CONSTITUTIONALISM



CONFUCIAN DEMOCRACY AND CONSTITUTIONALISM



INAUGURAL VOLUME 2019





The Inaugural Volume of the Hong Kong Journal of Law and Public Affairs will be published in Fall 2019, in celebration of the 20th anniversary of the Government and Laws Programme at The University of Hong Kong.


The theme of the inaugural volume is “Confucian Democracy and Constitutionalism”. For decades, scholars and practitioners have been theorizing and debating possible models for Western political institutions such as representative democracy and constitutionalism to operate in East Asian countries in which the traditional Confucian culture is deeply embedded within. This interdisciplinary study features essays from leading political science, philosophy and legal scholars that engage these theories and debates through investigating multiple East Asian jurisdictions such as China, Vietnam and Korea to further illuminate our understanding on the Region’s political and constitutional future.


This inaugural volume also features a review of the GLC's initiatives over the past year, including various forums, visits to legal and political institutions and career events.


VIEW THE FULL INAUGURAL ISSUE HERE

Part I
Interdisciplinary Perspectives on Confucian Democracy and Constitutionalism



Chinese Democracy Isn't Inevitable
Can a political system be democratically legitimate without being democratic?



Professor Daniel A. Bell
Dean, School of Political Science and Public Administration, Shandong University
Professor, Tsinghua University


READ

A Comparison of Confucian and Liberal Constitutionalisms and Its Implications



Dr. Chengyi Peng
Associate Research Fellow, Institute of World Economics and Politics, Chinese Academy of Social Sciences


READ

Confucian Constitutionalism and Democracy and the Risk of Inventing Traditions



Dr. Maria Adele Carrai
Senior Researcher, Leuven Centre for Global Governance
Fellow, Harvard University Asia Centre


READ

The Battle for the Global Future
The Christians in America and the Confucians in China?



Professor Patrick Mendis
Distinguished Visiting Professor of Sino-American Relations, the Yenching Academy of Peking University


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Part II
Centre for Asian Legal Studies, National University of Singapore Faculty of Law Roundtable Discussion on Public Reason Confucianism



Introduction



Dr. Dan W. Puchniak
Associate Professor and Director, Centre for Asian Legal Studies, National University of Singapore Faculty of Law


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Kim’s Confucian Democracy in Context



Professor Bryan William Van Norden
Chair Professor, School of Philosophy, Wuhan University
Kwan Im Thong Hood Cho Temple Professor, Yale-NUS College
James Monroe Taylor Chair in Philosophy, Vassar College


READ

Comments on Part III: Civic Virtue



Dr. Hui-Chieh Loy
Associate Professor, National University of Singapore Department of Philosophy


READ

Pluralist Constitutionalism in Asia and Public Reason Confucianism



Dr. Jaclyn L. Neo
Associate Professor, National University of Singapore Faculty of Law


READ

Values and Constitutionalism: A Comment on Kim Sungmoon and The Case of The Daughters’ Rebellion



Professor Andrew Harding
Professor, National University of Singapore Faculty of Law


READ

The Practice of Public Reason Confucianism: Reply to Van Norden, Loy, Neo, and Harding



Professor Sungmoon Kim
Professor, City University of Hong Kong College of Liberal Arts and Social Sciences


READ

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