The militant democracy and subnational constitutionalism in the subnational unit of the special administrative region of Hong Kong, China

Abstract

In this article, a study of the militant democracy and subnational constitutionalism, looking at their origins, characteristics, development and how they are understood and viewed by the doctrine is made. It also seeks to study the interaction between militant democracy and subnational constitutionalism, taking as a concrete case the subnational unit of the Hong Kong Special Administrative Region in China. The work is developed using a qualitative approach, associated with the comparative procedure method and bibliographic data collection technique. The study reveals that the reflection of militant democracy in subnational constitutionalism is extremely important for the defense of citizens’ fundamental rights, as in the case of the Hong Kong Special Administrative Region, whose Basic Law, which is a subnational rule, contains a catalog of fundamental rights that goes beyond those contained in the Constitution of the People’s Republic of China and prevents political agents with totalitarian and dictatorial ideals of power from fully controlling the Hong Kong region.