Constitutionalism in Context (CUP, 2022) with the contributors

11 MAY 2022 (WED) 11:0012:30 (HK TIME)

Asia often receives short shrift in the field of comparative constitutional law, but Constitutionalism in Context takes the opposite approach: it sets out to demonstrate that there is no better way to cover emerging and cutting-edge debates in the field than to study Asia. Albert Chen’s chapter on China problematizes two concepts at the core of the field—namely, “constitution” and “constitutionalism.” China’s efforts to articulate a normatively appealing “constitutionalism with Chinese characteristics” raise the question of whether and how the field will expand and adapt to increasingly diverse real-world uses of constitutional law. David Law’s chapter uses the case of Taiwan to explore new extremes in judicial power and judicial review: in striking down and even authoring constitutional amendments, Taiwan’s Constitutional Court has redefined the limits of judicial power. Mara Malagodi’s chapter highlights the deep tension in constitutional law between enshrinement of national identity and community values, on the one hand, and respect for global norms and international law, on the other, as demonstrated by Nepal’s approach to questions of religious freedom and gender equality.

CONTRIBUTORS: David S. Law, E. James Kelly, Jr., Class of 1965 Research Professor of Law, University of Virginia

Albert Chen, Cheng Chan Lan Yue Professor and Chair of Constitutional Law, HKU

Mara Malagodi, Assistant Professor, CUHK

This webinar was organized by the Centre for Comparative and Public Law, HKU and was held via Zoom Meeting.