Subnational Constitutionalism: Hong Kong

Abstract

This chapter uses Hong Kong to illustrate the unique constitutional law challenges facing subnational jurisdictions, including that of dividing competences between the subnational and national authorities, of finding a mutually agreeable conflict resolution mechanism and of defining the place of the subnational constitution within the national constitutional order. As the only liberal, common law jurisdiction within a socialist party-state in the world, Hong Kong’s two decades of experience with China’s “one country, two systems” governing model illustrates how fraught the challenges facing a subnational constitution could be. Yet further reflection upon how Hong Kong can preserve its liberal constitutionalist status suggests creative solutions to those challenges.