CENTRE FOR COMPARATIVE AND TRANSNATIONAL LAW (CCTL) -

COMPARATIVE PUBLIC LAW RESEARCH FORUM

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Echoing the global vision of the Faculty, the Comparative Public Law Research Forum at CUHK LAW engages with global scholarship on comparative public law.
The aims of the Forum are threefold: knowledge, theory, and practice. The Forum aims to generate substantive knowledge about comparative public law; to engage in debates on important comparative public law issues and theories; and to provide a reference resource on public law and constitutional issues for government, law-makers, judges and other practitioners.
The Forum will pursue these aims through the following activities: research, teaching, consultancy, and academic exchange and collaboration.

Prof. Asif HAMEED (Cluster Chair)
Associate Professor
Associate Professor
Associate Professor
Professor
Assistant Professor
Professor of Asian Laws, Faculty of Law, University of Oxford
Reader (Associate Professor), School of Law, University of Warwick
Assistant Professor, Utrecht University School of Law
  1. Routledge Handbook of Constitutional Law in Greater China
    This project seeks to provide a comprehensive survey of history, concepts, process, institutions, and current issues of constitutional law in Mainland China, Hong Kong, Macau, and Taiwan; and critically discuss leading views on these issues. The Handbook aims to expand both jurisdiction-based and comparative scholarship on constitutional law in greater China.
  2. The Law and Politics of Unconstitutional Constitutional Amendments in Asia

    This project seeks to explore and explain how and why the idea of unconstitutional constitutional amendment informs diverse political activities (e.g. political debate, discourse, and mobilization) through diverse forums (e.g. legislative, judicial, and popular) by diverse social and political actors (e.g. judges, politicians, lawyers, scholars, activists, political parties, and social movement actors) in both formal and informal constitutional amendment process in Asia. This project features 10 case studies across Asia: East Asia (China, Japan, Taiwan), Southeast Asia (Malaysia, Thailand, Vietnam), and South Asia (Bangladesh, India, Nepal, Pakistan).

    This project involves the symposium to be held by the Chinese University of Hong Kong Faculty of Law in November 2020.

    The outcomes of the project will be published as an edited volume in the Routledge Series in Comparative Constitutional Change.

  3. Global Constitutionalism: Asia-Pacific Perspectives

    This project brought together a diverse group of scholars to discuss how polities in the Asia-Pacific region respond to the global spread of ideas and institutions of constitutionalism, and why they respond in a certain way.

    As a part of this project, the Symposium on “Global Constitutionalism: Asia-Pacific Perspectives” hosted by the CUHK Law was held on 28 – 29 March 2019. The Symposium featured the keynote speaker, Professor Cheryl Saunders, Laureate Professor Emeritus at Melbourne Law School and President Emeritus of the International Association of Constitutional Law. Participants explored the interrelated global, transnational, and local aspects of constitution-making, judicial review, and scholarly discourse in different jurisdictions in Asia-Pacific.

    This project also involved two panels in the 8th Asian Constitutional Forum held in Hanoi on 6-7 Dec 2019.

    The Symposium proceeds will be published in the journal Global Constitutionalism by Cambridge University Press.

  4. Towering Judges 

    This project brought together a diverse group of scholars to discuss the phenomenon of judges who, within their particular institutional and political settings, were able to transform their constitutional systems. Towering judges from the following jurisdictions were examined: Hong Kong, India, Nepal, Singapore, South Africa, Hungary, Vietnam, Chile, Israel, the United States, Canada and Australia. The project considered, among others, these issues: (1) Why do we tend to find towering figure judges in moments of constitutional and democratic change in some countries and not in others;  (2) how effective are towering figure judges in promoting democratic consolidation and in effectuating constitutional change; (3) can we find examples of towering figure judges that have had a detrimental effect on democratic change, either by using the wrong tactics, producing political backlash, or by actively promoting reactionary or anti-liberal ideas; (4) what kind of legacy do towering figure judges leave, and do their achievements carry on to a second generation of judges. 

    The project culminated in a conference took place on 25-26 January 2019 at the CUHK LAW Graduate Law Centre. The conference opened with a Keynote Address from the Hon. Mr. Justice Kemal Bokhary, Non-Permanent Judge of the Hong Kong Court of Final Appeal. His remarks are available here.

    The project also featured a joint I-CONnect/IACL-AIDC blog symposium on “Towering Judges.”

    The outcomes of this project will be published in a forthcoming edited volume by Cambridge University Press entitled “Towering Judges: A Comparative Study of Constitutional Judges”. 

Books

Image to be includedNgoc Son Bui, Stuart Hargreaves, and Ryan Mitchell (eds), Routledge Handbook of Constitutional Law in Greater China (under contract with Routledge).
Image to be includedPo Jen Yap and Rehan Abeyratne (eds), Routledge Handbook of Asian Parliaments (under contract with Routledge).
The Law and Politics of Unconstitutional Constitutional Amendments in AsiaRehan Abeyratne and Bui Ngoc Son (eds), The Law and Politics of Unconstitutional Constitutional Amendments in Asia (Routledge, 2021).
Image to be includedW. Chang, K. Loper, M. Malagodi, and R. Rubio-Marín (eds.), Gender, Sexuality, and Constitutionalism in Asia (Hart Publishing, forthcoming 2021).
Image to be includedRehan Abeyratne and Iddo Porat (eds), Towering Judges: A Comparative Study of Constitutional Judges (Cambridge University Press, Forthcoming 2021).
Image to be includedRyan Mitchell, Recentering the World: China’s Reception and Contention of International Law (Cambridge University Press, Forthcoming 2021).
Constitutional Change in the Contemporary Socialist WorldBui Ngoc Son, Constitutional Change in the Contemporary Socialist World (Oxford University Press,2020).
The Hong Kong Basic Law HandbookMichae Ramsden and Stuart Hargreaves, The Hong Kong Basic Law Handbook, 2nd edition (Sweet & Maxwell Ltd, 2019).
Pluralist Constitutions in Southeast AsiaJaclyn Neo and Bui Ngoc Son (eds), Pluralist Constitutions in Southeast Asia (Hart Publishing, 2019).
Constitutional Foundings in Southeast AsiaKevin Tan and Bui Ngoc Son (eds), Constitutional Foundings in Southeast Asia (Hart Publishing, 2019).

Journal Articles

    Book Chapters

    • Mara Malagodi, Ivor Jennings, the Law and the Constitution’, in Leading Works in Public Law (P. O’Brien and B. Young eds., Routledge, forthcoming 2021)
    • Bui Ngoc Son, ‘The Party-Regimes in Asia,’ in The Oxford Handbook of Constitutional Law In Asia (David Law et al eds., Oxford University Press, forthcoming 2021)
    • Mara Malagodi, ‘Nepal’ in The Oxford Handbook of Constitutional Law In Asia (David Law, Holning Lau, and Alex Schwartz eds., Oxford University Press, forthcoming 2021)
    • Mara Malagodi, ‘Constitutional History and Constitutional Migration: Nepal’ in Constitutionalism in Context, Asia, David Law ed., Cambridge University Press, forthcoming 2021
    • Rehan Abeyratne, ‘PN Bhagwati and the Transformation of India’s Judiciary’, in Towering Judges: A Comparative Study of Constitutional Judges (Rehan Abeyratne and Iddo Porat eds., Cambridge University Press, forthcoming 2020)
    • Rehan Abeyratne, ‘More Structure, More Deference: Proportionality in Hong Kong,’ in Proportionality in Asia (Po Jen Yap ed., Cambridge University Press, forthcoming 2020).
    • Bui Ngoc Son, ‘Politics of Unconstitutional Constitutional Amendment: The Case of Thailand,’ In Identity and Change – The Basic Structure in Asian Constitutional Orders (Henning Glaser ed., Nomos’s CPG Series of Comparative Constitutional Law, Politics and Governance, forthcoming, 2020).
    • Bui Ngoc Son, ‘The Socialist Model of Individual Judicial Powers,’ in Towering Judges: A Comparative Study of Constitutional Judges (Rehan Abeyratne and Iddo Porat eds., Cambridge University Press, forthcoming 2020)
    • Mara Malagodi, ‘Nepal’s Heroic Judge: Former Chief Justice Kalyan Shrestha’, in Towering Judges: A Comparative Study of Constitutional Judges (Rehan Abeyratne and Iddo Porat eds., Cambridge University Press, forthcoming 2020)
    • Ryan Mitchell, ‘Myanmar and the Hegemonic Discourse of International Criminal Law: Three Critiques and Some Suggestions,’ in Colonial Wrongs, Double Standards, and Access to International Law (Torkel Opsahl Academic EPublisher, forthcoming 2020).
    • Ryan Mitchell, ‘The Chinese Interpretation of Sovereignty and Its Human Rights Implications,’ in Shifting Power and Human Rights – China (Amnesty International Netherlands, 2020)
    • Bui Ngoc Son, ‘Legal Regulation of Religion in Vietnam,’ in Regulating Religions in Asia 146-168 (Jaclyn Neo et al eds., Cambridge University Press, 2019)
    • Bui Ngoc Son, ‘Constitutional Foundings in Southeast Asia: A Constitutional-History Perspective,’ in   Constitutional Foundings in Southeast Asia 1-10 (Kevin Tan and Bùi Ngọc Sơn eds., Hart Publishing, 2019) (with Kevin Tan).
    • Bui Ngoc Son, ‘Pluralist Constitutions in Southeast Asian Context,’ in   Pluralist Constitutions in Southeast Asia 1-24 (Jaclyn Neo and Bùi Ngọc Sơn eds., Hart Publishing, 2019) (with Jaclyn Neo)
    • Bui Ngoc Son, ‘Constitution in Ethnically Plural Societies: Vietnam and Laos,’ in Pluralist Constitutions in Southeast Asia 203-224 (Jaclyn Neo and Bùi Ngọc Sơn eds., Hart Publishing, 2019)
    • Mara Malagodi, ‘Godot Has Arrived! Federal Restructuring in Nepal’ in Dealing with Territorial Cleavages in Constitutional Transitions (S. Choudhry and G. Anderson eds. 2019)
    • Stuart Hargreaves, ‘APEC Cross-Border Privacy Rules System’, in Privacy Rights in the Digital Age, 2nd (C. Anglim, ed., Grey House Publishing, Inc., 2019).

        Other Publications

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        2022

        2021

        2020

        2019