Jason Buhi - Global Constitutional Narratives of Autonomous Regions: The Constitutional History of Macau

With international attention focused on Hong Kong, many forget that Macau also exists in a delicate one country, two systems (OCTS) balance with mainland China. This book provides insights into the circumstances surrounding the less-understood half of Chinas OCTS policy, including the stagnation of representational government, and the location of any Macau characteristics in the Macau Basic Law.

Despite being Hong Kongs sister Special Administrative Region (SAR) within the Peoples Republic of China, Macaus unique constitutional development under Portuguese and Chinese administration remains underappreciated despite its potential contributions to local, national, and international constitutional discourse. Utilizing a multidisciplinary approach, including doctrinal, historical, and comparative methodologies, this work fills that gap. The research blends Portuguese, Chinese, and foreign-language sources in order to reconstruct a balanced constitutional narrative. The book focuses on a consequential effect of globalization that is, the assimilation of a long-standing and unique constitutional order by a new hegemonic sovereign including processes for internationalization as China opened up, legal harmonization of two distinct legal and socioeconomic orders, juridification of local affairs with the establishment of a new local court system in preparation for handover to the Chinese regime, and democratization (or the lack thereof) among the various communities comprising the Macanese polity before and since.

Focusing on Macaus unique development at the crux of European and Chinese empires, and the role it plays as a mirror for Chinese intentions vis-a-vis Hong Kong today, the book will be of interest to those working in constitutional law, politics, and history.

Jason Buhi is an assistant professor at Barry Universitys Dwayne O. Andreas School of Law in Orlando, Florida, where he teaches courses in constitutional law and election law. Prior to that, he earned his Ph.D. from the University of Hong Kong Faculty of Law and taught at the Peking University School of Transnational Law in Shenzhen. Professor Buhi was first introduced to Hong Kong and Macau as a Rotary International Ambassadorial Scholar.

Globalization: Law and Policy builds an integrated body of scholarship that critically addresses key issues and theoretical debates in comparative and transnational law and the principles governance and policy on which they are developed. Volumes in the series focus on the consequential effects of globalization, including emerging frameworks and processes for the internationalization, legal harmonization, juridification, and democratization of law among increasingly connected political, economic, religious, cultural, ethnic, and other functionally differentiated governance communities. Legal systems, their harmonization and incorporation in other governance orders, and their relationship to globalization are taking on new importance within a coordinated network of domestic legal orders, the legal orders of groups of states, and the governance frameworks of non-state actors. These legal orders engage a number of important actors, sources, principles, and tribunals including multinational corporations as governance entities, contract, and surveillance as forms of governance that substitute for traditional law, sovereign wealth funds, and other new forms of state activity, hybrid supranational entities like the World Bank and the International Monetary Fund, and international tribunals with autonomous jurisdiction, including the International Criminal Court, the World Trade Organization, and regional human rights courts. The effects have been profound, especially with respect to the role of states, and especially of developed states as their long time position in global affairs undergoes significant transformation. Comparative and transnational law serve as natural nexus points for vigorous and sometimes interdisciplinary approaches to the study of state and non-state law systems, along with their linkages and interactions. The series is intended as a resource for scholars, students, policy makers, and civil society actors and includes a balance of theoretical and policy studies in single-authored volumes and collections of original essays.

Larry Cat Backer is the W. Richard and Mary Eshelman Faculty Scholar, Professor of Law and International Affairs at the Pennsylvania State University. Previously, he served as Executive Director of the Comparative and International Law Center at the University of Tulsa. He has published widely on comparative and transnational law.

Also in the series:

Hostile Business and the Sovereign State

Privatized Governance, State Security and International Law

Michael J. Strauss

Legal and Rhetorical Foundations of Economic Globalization

An Atlas of Ritual Sacrifice in Late-Capitalism

Keren Wang

For more information about this series, please visit: www.routledge.com/Globalization-Law-and-Policy/book-series/GLOBLP

First published 2021

by Routledge

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2021 Jason Buhi

The right of Jason Buhi to be identified as author of this work has been asserted by him in accordance with sections 77 and 78 of the Copyright, Designs and Patents Act 1988.

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British Library Cataloguing-in-Publication Data

A catalogue record for this book is available from the British Library

Library of Congress Cataloging-in-Publication Data

Names: Buhi, Jason, author.

Title: Global constitutional narratives of autonomous regions : the constitutional history of Macau / Jason Buhi.

Description: Milton Park, Abingdon, Oxon ; New York, NY : Routledge, 2021. | Series: Globalization: law and policy | Includes bibliographical references and index.

Identifiers: LCCN 2020046797 (print) | LCCN 2020046798 (ebook) | ISBN 9780367483746 (hardback) | ISBN 9781003039570 (ebook)

Subjects: LCSH: Constitutional historyChinaMacau (Special Administrative Region) | DecolonizationChinaMacau (Special Administrative Region) | Macau (China : Special Administrative Region)HistoryAutonomy and independence movements. | Macau (China : Special Administrative Region)Politics and government.

Classification: LCC KPF209 .B84 2021 (print) | LCC KPF209 (ebook) | DDC 342.512602/9dc23

LC record available at https://lccn.loc.gov/2020046797

LC ebook record available at https://lccn.loc.gov/2020046798

ISBN: 978-0-367-48374-6 (hbk)

ISBN: 978-1-003-03957-0 (ebk)

Typeset in Galliard

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