The Rule of Law: A Comparative Perspective

At the end of June 2013, Professor Anton MJ COORAY retired from his position at the City University of Hong Kong School of Law after almost twenty-five years of loyal and productive service. During that time, he made a very substantial contribution to the success of the School, as well as to the study and practice of law both within and outside of Hong Kong.

This Festschrift has attracted contributions from not only his colleagues, but also a number of world-renowned scholars, who wished to convey through their contributions their enormous respect for his scholarship, leadership and gentlemanly bearing. 'The Rule of Law: a Comparative Perspective' has been chosen the theme of this Festschrift because it is one of the most important topics in the area of constitutional and administrative law, about which Professor COORAY has researched and written extensively.

Although the study of the 'rule of law' encompassed a very long list of fundamental legal principles or precepts, the thirteen chapters contained in this Festschrift fall into three main spheres: the rule of law from the perspectives of (1) international law, (2) domestic law and (3) law and religion. The excellent and original scholarship presented in this Festschrift contributes to the promotion of a better understanding of the concept of rule of law and its implications, including how the rule of law has interacted and continues to interact with international laws, domestic laws, and religions over time to meet the changing needs and aspirations of human dignity worldwide.

WANG Guiguo
Chair Professor of Chinese and Comparative Law, City University of Hong Kong. He is also Chairman of the Hong Kong Committee and a Titular Member of the International Academy of Comparative Law; Distinguished Professor of Law at Hunan Normal University of Law, Changsha, China; and Vice President of the Chinese Society of International Economic Law.

YANG Fan
Assistant Professor, School of Law, City University of Hong Kong. She is also a Fellow of the Chartered Institute of Arbitrators (FCIArb); a Fellow of the Higher Education Academy (FHEA); an arbitrator of the Hong Kong International Arbitration Centre (HKIAC); and a CEDR Accredited Mediator.

1. Introduction — Guiguo WANG and Fan YANG
2. The Rule of Law Sans Frontieres: Cross-Border Aspects of the Principle of Legality — Neil ANDREWS
3. The Rule of Law in India: The Chasm between Paper and Practice — Surya DEVA
4. The Decalogue and Sri Lankan Criminal Law: Definition of Offences as a Prerequisite for the Rule of Law — Noel DIAS and Roger GAMBLE
5. The Rule of Law and the WTO: The Hope and Disappointment of WTO’s Decision Making — Wenwei GUAN
6. In the Name of Harmony: The Erasure of Domestic Violence in China’s Judicial Mediation — Xin HE and Kwai Hang NG
7. The Islamisation Phenomenon and the Rule of Law in Malaysia — Hong Phun LEE
8. Rule of Law under the Communist Party of China: A Study of Local People’s Congress Elections — Feng LIN
9. Rule of Law: A Tort Law Perspective — Fozia Nazir LONE
10. The Rule of Law in Austria: The Constitutional Framework for Austrian Civil Procedure — Walter RECHBERGER
11. Rule of Law and Religious Faith and Beliefs: Dilemma for Indian Courts — Rejash SHARMA
12. Legislative Reversals of Judicial Decisions — Shimon SHETREET
13. Implementation and Application of the 1980 Hague Abduction Convention — Bea VERSCHRAEGEN
14. The Rotterdam Rules and the International Rule of Law — Lijuan XING