Law And Politics Of The Taiwan Sunflower And Hong Kong Umbrella Movements

Rarely do acts of civil disobedience come in such grand fashion as Taiwan’s Sunflower Movement and Hong Kong’s Umbrella Movement. The two protests came in regions and jurisdictions that many have underestimated as regards furthering notions of political speech, democratisation, and testing the limits of authority. This book breaks down these two movements and explores their complex legal and political significance. The collection brings together some of Asia’s, and especially Taiwan and Hong Kong’s, most prolific writers, many of whom are internationally recognised experts in their respective fields, to address the legal and political significance of both movements, including the complex questions they posed as regards democracy, rule of law, authority, and freedom of speech. Given that occupational type protests have become a prominent method for protesters to make their cases to both citizens and governments, exploring the legalities of these significant protests and establishing best practices will be important to future movements, wherever they may transpire. With this in mind, the book does not stop at implications for Taiwan and Hong Kong, but talks about its subject matter from a comparative, international perspective.

Analyzing the dynamics of two recent nonviolent, student-led protests in light of China's growth and power

In a comprehensive and theoretically novel analysis, Take Back Our Future unveils the causes, processes, and implications of the 2014 seventy-nine-day occupation movement in Hong Kong known as the Umbrella Movement. The essays presented here by a team of experts with deep local knowledge ask: how and why had a world financial center known for its free-wheeling capitalism transformed into a hotbed of mass defiance and civic disobedience? Take Back Our Future argues that the Umbrella Movement was a response to China's internal colonization strategies—political disenfranchisement, economic subsumption, and identity reengineering—in post-handover Hong Kong. The contributors outline how this historic and transformative movement formulated new cultural categories and narratives, fueled the formation and expansion of civil society organizations and networks both for and against the regime, and spurred the regime's turn to repression and structural closure of dissent. Although the Umbrella Movement was fraught with internal tensions, Take Back Our Future demonstrates that the movement politicized a whole generation of people who had no prior experience in politics, fashioned new subjects and identities, and awakened popular consciousness.

Digital and social media are increasingly integrated into the dynamics of protest movements around the world. They strengthen the mobilization power of movements, extend movement networks, facilitate new modes of protest participation, and give rise to new protest formations. Meanwhile, conventional media remains an important arena where protesters and their targets contest for public support. This book examines the role of the media -- understood as an integrated system comprised of both conventional media institutions and digital media platforms -- in the formation and dynamics of the Umbrella Movement in Hong Kong. For 79 days in 2014, Hong Kong became the focus of international attention due to a public demonstration for genuine democracy that would become known as the Umbrella Movement. During this time, twenty percent of the local population would join the demonstration, the most large-scale and sustained act of civil disobedience in Hong Kong's history -- and the largest public protest campaign in China since the 1989 student movement in Beijing. On the surface, this movement was not unlike other large-scale protest movements that have occurred around the world in recent years. However, it was distinct in how bottom-up processes evolved into a centrally organized, programmatic movement with concrete policy demands. In this book, Francis L. F. Lee and Joseph M. Chan connect the case of the Umbrella Movement to recent theorizations of new social movement formations. Here, Lee and Chan analyze how traditional mass media institutions and digital media combined with on-the-ground networks in such a way as to propel citizen participation and the evolution of the movement as a whole. As such, they argue that the Umbrella Movement is important in the way it sheds light on the rise of digital-media-enabled social movements, the relationship between digital media platforms and legacy media institutions, the power and limitations of such occupation protests and new "action logics," and the continual significance of old protest logics of resource mobilization and collective action frames. Through a combination of protester surveys, population surveys, analyses of news contents and social media activities, this book reconstructs a rich and nuanced account of the Umbrella Movement, providing insight into numerous issues about the media-movement nexus in the digital era.

This book provides detailed insight into some of the most contentious events occurring in jurisdictions operating within China's vast shadow. Epic clashes between law and politics have become a regular fixture throughout the world, and no region has seen more of these than Asia. In some cases these conflicts have involved newfound democratic aspirations or democratic deepening, while in others it has arisen because of pushback against authoritarian or semi-authoritarian governments. Indeed, many of these clashes centre on or involve the region's most powerful and controversial player: China. This book focuses on several of these critical struggles, examining how democracy and the rule of law play out in a number of jurisdictions highly influenced by China's presence. Chapters provide insightful analysis on issues such as: major threats to the rule of law and attempts to uphold the principle, oath-taking controversies, foreign judges and the disparagement of the judiciary, unconstitutional and undemocratic provisions, changing ideas of representation, a right to democracy in international law, same-sex marriage rights, and the legal responses to civil disobedience in Taiwan and Hong Kong, among other topics. Ultimately, the book delivers a contemporary understanding of how democracy and the rule of law both complement and converge in this fascinating region.

The Handbook of Constitutional Law in Greater China surveys important issues of constitutional law in Mainland China, Hong Kong, Macau, and Taiwan. It synthesizes existing scholarship, debates, and views on important constitutional issues in the four jurisdictions. Written by a range of scholars, it contributes to both national and comparative scholarship on constitutional law in these jurisdictions. The book includes four parts: Part I: History. This part explores the constitutional movement of the Qing dynasty; constitutional projects in modern China; and aspects of the drafting and implementation history of the Hong Kong and Macau Basic Laws Part II: Structure. This part discusses the relationship between the party-state and the Chinese constitutional order; Chinese constitutionalism; constitutional aspects of city development under the SAR concept; constitutional review in Mainland China; a history of Taiwan’s ‘Council of Grand Justices’; and judicial review in both Hong Kong and Macau Part III: Rights, Society, and Economy. This part deals with Hong Kong’s National Security Law and its impact on the ‘one country, two systems model’; social movements and constitutionalism; LGBT rights advocacy; the integration of capitalist regions within socialist China; the constitutional relevance of labour reforms in Mainland China; healthcare rights in both the Mainland and the SARS; and foreign investment under Art. 18 of the PRC Constitution Part IV: Transnational Engagement. This part surveys comparative writings on China’s constitution; the influence of international human rights treaties on China’s constitutional order; the international dimension of Hong Kong’s constitutional order; and the changing role of the ‘overseas judges’ in Hong Kong Exploring both historical and cutting-edge constitutional issues, this reference book is important reading for law researchers, lawyers, graduate students, undergraduates, and practitioners in the field of constitutional law and politics in Mainland China, Taiwan, Hong Kong, and Macau.