Political transition and the rise of cause lawyering : the case of Hong Kong

Research output: Journal PublicationsJournal Article (refereed)

14 Citations (Scopus)

Abstract

This article examines how cause lawyering can flourish under authoritarianism. Using the case of Hong Kong, it argues that the process of the sovereignty transition between the 1980s and 1997 contributed to the emergence of cause lawyering by establishing a favorable legal opportunity structure, by creating a political structure that provides incentive for lawyers-cum-politicians to engage in cause lawyering, and by prompting a few dedicated foreign human rights lawyers to move their practices to Hong Kong. Apart from the factors related to the sovereignty transition, other factors also facilitated the rise of cause lawyering in Hong Kong, including a rights-receptive judiciary, an autonomous legal profession, and a government-funded legal aid system.
Original languageEnglish
Pages (from-to)663-687
Number of pages25
JournalLaw and Social Inquiry
Volume35
Issue number3
DOIs
Publication statusPublished - 1 Jan 2010
Externally publishedYes

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Hong Kong
cause
lawyer
sovereignty
legal aid
legal profession
political structure
authoritarianism
judiciary
politician
human rights
incentive

Cite this

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abstract = "This article examines how cause lawyering can flourish under authoritarianism. Using the case of Hong Kong, it argues that the process of the sovereignty transition between the 1980s and 1997 contributed to the emergence of cause lawyering by establishing a favorable legal opportunity structure, by creating a political structure that provides incentive for lawyers-cum-politicians to engage in cause lawyering, and by prompting a few dedicated foreign human rights lawyers to move their practices to Hong Kong. Apart from the factors related to the sovereignty transition, other factors also facilitated the rise of cause lawyering in Hong Kong, including a rights-receptive judiciary, an autonomous legal profession, and a government-funded legal aid system.",
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Political transition and the rise of cause lawyering : the case of Hong Kong. / TAM, Wai Keung.

In: Law and Social Inquiry, Vol. 35, No. 3, 01.01.2010, p. 663-687.

Research output: Journal PublicationsJournal Article (refereed)

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