Situating Hong Kong's 'Rule of Law' Internationally

Daniel Pascoe*, Noam Zamir

*Corresponding author for this work

Research output: Journal Publications and ReviewsRGC 21 - Publication in refereed journalpeer-review

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 languageEnglish
JournalICL JOURNAL-VIENNA JOURNAL ON INTERNATIONAL CONSTITUTIONAL LAW
Online published17 Dec 2024
DOIs
Publication statusOnline 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

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