Abstract
The rule of law is often cast as the primary governance ideology of Hong Kong. Hong Kong is a capitalist, common law legal jurisdiction that had, at least until a recent political crackdown, strained to differentiate itself from authoritarian, socialist, mainland China over its northern border. This article explores government conceptions of the rule of law in Hong Kong, benchmarked against rule of law standards adopted by member states at the United Nations (UN). We argue that Hong Kong's 'official' rule of law definition is at odds with an evolving international consensus on the rule of law within domestic legal and political systems. This has especially been the case after 2005, with the strengthening of rule of law discourse at the UN General Assembly and the rule of law's increasing political contestation and weaponisation in Hong Kong. Compared with the contemporary consensus expressed at the UN, Hong Kong's rule of law definition, as favoured by the territory's executive, legislative and judicial branches, possesses a narrower ambit, but is also more finely articulated. © 2024 Walter de Gruyter GmbH. All rights reserved.
Original language | English |
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Journal | ICL JOURNAL-VIENNA JOURNAL ON INTERNATIONAL CONSTITUTIONAL LAW |
Online published | 17 Dec 2024 |
DOIs | |
Publication status | Online published - 17 Dec 2024 |
Bibliographical note
Full text of this publication does not contain sufficient affiliation information. With consent from the author(s) concerned, the Research Unit(s) information for this record is based on the existing academic department affiliation of the author(s).Research Keywords
- China
- Hong Kong
- rule of law
- United Nations