Echoing the global vision of the Faculty, the Comparative Constitutional Law Research Forum at CUHK LAW engages with global scholarship on comparative constitutional law.
The aims of the Forum are threefold: knowledge, theory, and practice. The Forum aims to generate substantive knowledge about comparative constitutional law; to engage in debates on important comparative constitutional concepts and theories; and to provide a reference resource on constitutional issues for constitution-makers, judges, and other practitioners.
The Forum will pursue these aims through the following activities: research, teaching, consultancy, and academic exchange and collaboration.
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.
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.
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
Journal Articles
Book Chapters
Other Publications
Date | Event type | Details |
4 April 2023 12:00 pm – 1:00 pm | Online Seminar | The Use of Foreign Law by Constitutional Judges in Common Law Asia Speaker: Ms. Virginie H.L. Kuoch, PhD Candidate in Comparative Law, Université Paris 1 Panthéon-Sorbonne, Sorbonne Law School; Visiting researcher, Centre for Asian Legal Studies, National University of Singapore |
13 Jan 2023 5:00 pm – 6:30 pm | Online Book talk | Filtering Populist Claims to Fight Populism: The Italian Case in Comparative Perspective (Cambridge University Press 2021) [Watch Video] |
7 November 2022 12:30 pm – 1:30 pm | Online Seminar | The History of LGBT Law and Rights in Hong Kong [Watch Video] Speaker: Mr. Azan Marwah, Barrister-at-Law, Resolution Chambers |
21 October 2022 12:30 pm – 1:30 pm | Online Seminar | Deciding what to Decide: Leave Applications to the Hong Kong Court of Final Appeal [Watch Video] Speaker: Evan Rosevear, JD PhD, Global Academic Fellow (Postdoctoral), Faculty of Law, The University of Hong Kong |
28 February 2022 10:00 pm – 11:30 pm | Online Book discussion | Foreign Judges in the Pacific (Hart, 2021) by Dr. Anna Dziedzic (The event is organized by the International Society of Public Law (ICON-S) Committee on New Directions in Scholarship and co-sponsored by the Centre for Comparative and Transnational Law, CUHK LAW and Centro de Estudios Políticos y Constitucionales (Madrid, Spain)) |
25 January 2022 10:00 pm – 11:30 pm | Online Book discussion | Constitutional Processes and Democratic Commitment by Professor Donald Horowitz (The event is organized by the International Society of Public Law (ICON-S) Committee on New Directions in Scholarship and co-sponsored by the Centre for Comparative and Transnational Law, CUHK LAW and Centro de Estudios Políticos y Constitucionales (Madrid, Spain)) [Watch Video] |
29-Oct-21 | Online Lecture | Gender Constitutionalism and Reproductive Rights in Asia (Co-organized with Centre for Chinese Family Studies, Gender Studies Programme and Diversity and Inclusion Office, CUHK) Speaker: Prof. Mara Malagodi, CUHK LAW |
10 May 2021 – 11 May 2021 | Online Workshop | Reproductive Rights as Social Rights: Fostering Access and Implementation (Co-organized with iProbono and City Law School, City, University of London) |
23 March 2021 5:00 am – 6:30 pm | Online Book launch | Towering Judges: A Comparative Study of Constitutional Judges (Cambridge University Press, 2021) [Watch Video] |
4 March 2021 9:30- 11:00 pm | Online Book talk | Constitutional Statecraft in Asian Courts (Oxford University Press, 2020) with the author, Yvonne Tew (Co-organized with Centre for Comparative and Public Law, Faculty of Law, The University of Hong Kong) |
4 December 2020 12:30- 2:00 pm | Online Seminar | Constitutionalism and Classical Confucianism: Book Discussion on Theorizing Confucian Virtue Politics [Watch Video] Speaker: Sungmoon Kim, City University of Hong Kong; Yonsei University |
19-20 November 2020 | Online Symposium | The Law and Politics of Unconstitutional Constitutional Amendments in Asia [Watch Video] Organized by Rehan Abeyratne and Ngoc Son Bui, CUHK LAW |
29 October 2020 5:00-6:30 PM | Online Seminar | Constitution-making in the 1780s (Co-organized with Transnational Legal History Group) [Watch Video] Speaker: Dr. Adam Lebovitz, University of Cambridge |
4 September 2020 5:00- 6:00 pm | Online Seminar | Confucianism and the Presidential Impeachment in South Korea: Confucian Constitutionalism? [Watch Video] Speaker: Sungmoon Kim, City University of Hong Kong; Yonsei University |
3 August 2020 5:00- 6:15 pm | Online Seminar | Constitutional Law in Greater China: Comparative Issues [Watch Video] |
7 July 2020 8:00- 9:30 pm | Online Seminar | New Dominion Constitutionalism and New Directions in Comparative Constitutional Research (Co-organized with Transnational Legal History Group) [Watch Video] |
4 May 2020 4:30- 6:00 pm | Online Seminar | Intersectional Discrimination [Watch Video] |
30 October 2019 1:00-2:00 pm | Research Seminar | Who will Save the Redheads? Towards a Bully Theory of Judicial Review and the Protection of Democracy Speaker: Yaniv Roznai, Interdisciplinary Center (IDC) Herzliya, Israel Location: Faculty Boardroom, 6/F, Lee Shau Kee Buiding, CUHK |
27 September 2019 12:30-1:30 pm | Research Seminar | You the People: Cuba’s International Constitution Speaker: Ngoc Son Bui, CUHK LAW Location: Warren Chan Moot Court, CUHK Graduate Law Centre, Central |