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Judicial Independence And The Rule Of Law In Hong Kong
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Book Synopsis Judicial Independence and the Rule of Law in Hong Kong by : Steve Yui-Sang Tsang
Download or read book Judicial Independence and the Rule of Law in Hong Kong written by Steve Yui-Sang Tsang and published by Hong Kong University Press. This book was released on 2001-01-01 with total page 230 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'this certainly is a good and important book that deserves to be read. the rule of law is one of the corner-stones of Hong Kong's success. Here, the situation of the rule of law in Hong Kong is subject to a minute analysis by the author. the results are i
Book Synopsis The Common Law System in Chinese Context by : Berry Fong-Chung Hau
Download or read book The Common Law System in Chinese Context written by Berry Fong-Chung Hau and published by Routledge. This book was released on 2019-07-25 with total page 222 pages. Available in PDF, EPUB and Kindle. Book excerpt: Under the 1984 Sino-British Joint Declaration on the future of Hong Kong the previous capitalist system and life-style shall remain unchanged for 50 years. This concept has been embedded in the Basic Law of Hong Kong. The future of the Common Law judicial system in Hong Kong depends on the perceptions of it by Hong Kong's Chinese population; judicial developments prior to July 1, 1997, when Hong Kong passes from British to Chinese control; and the Basic Law itself. All of these critical issues are addressed in this book. It applies survey and statistical analysis to the study of the attitudes toward, and the values inherent to, the Common Law judicial system in the unique cultural and economic milieu of Hong Kong in transition.
Book Synopsis Hong Kong's Court of Final Appeal by :
Download or read book Hong Kong's Court of Final Appeal written by and published by . This book was released on 2014 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: "In the years since it was established on 1 July 1997, Hong Kong's Court of Final Appeal has developed a distinctive body of new law and doctrine with the help of eminent foreign common law judges. Under the leadership of Chief Justice Andrew Li, it has also remained independent under Chinese sovereignty and become a model for other Asian final courts working to maintain the rule of law, judicial independence and professionalism in challenging political environments. In this book, leading practitioners, jurists and academics examine the Court's history, operation and jurisprudence, and provide a comparative analysis with European courts and China's other autonomous final court in Macau. It also makes use of extensive empirical data compiled from the jurisprudence to illuminate the Court's decision-making processes and identify the relative impacts of the foreign and local judges"--
Book Synopsis Judicial Independence in China by : Randall Peerenboom
Download or read book Judicial Independence in China written by Randall Peerenboom and published by Cambridge University Press. This book was released on 2009-11-23 with total page 440 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume challenges the conventional wisdom about judicial independence in China and its relationship to economic growth, rule of law, human rights protection, and democracy. The volume adopts an interdisciplinary approach that places China's judicial reforms and the struggle to enhance the professionalism, authority, and independence of the judiciary within a broader comparative and developmental framework. Contributors debate the merits of international best practices and their applicability to China; provide new theoretical perspectives and empirical studies; and discuss civil, criminal, and administrative cases in urban and rural courts. This volume contributes to several fields, including law and development and the promotion of rule of law and good governance, globalization studies, neo-institutionalism and studies of the judiciary, the emerging literature on judicial reforms in authoritarian regimes, Asian legal studies, and comparative law more generally.
Book Synopsis Hong Kong's Court of Final Appeal by :
Download or read book Hong Kong's Court of Final Appeal written by and published by . This book was released on 2013 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: In the years since it was established on 1 July 1997, Hong Kong's Court of Final Appeal has developed a distinctive body of new law and doctrine with the help of eminent foreign common law judges. Under the leadership of Chief Justice Andrew Li, it has also remained independent under Chinese sovereignty and become a model for other Asian final courts working to maintain the rule of law, judicial independence and professionalism in challenging political environments. In this book, leading practitioners, jurists and academics examine the Court's history, operation and jurisprudence, and provide a comparative analysis with European courts and China's other autonomous final court in Macau. It also makes use of extensive empirical data compiled from the jurisprudence to illuminate the Court's decision-making processes and identify the relative impacts of the foreign and local judges.
Book Synopsis Law, Capitalism and Power in Asia by : Kanishka Jayasuriya
Download or read book Law, Capitalism and Power in Asia written by Kanishka Jayasuriya and published by Routledge. This book was released on 2006-06-19 with total page 364 pages. Available in PDF, EPUB and Kindle. Book excerpt: A challenging and provocative book that contests the liberal assumption that the rule of law will go hand in hand with a transition to market-based economies and even democracy in East Asia. Using case studies from Hong Kong, China, Indonesia, Malaysia, Taiwan, Japan and Vietnam, the authors argue that the rule of law is in fact more likely to provide political elites with the means closely to control civil society. It is essential, therefore, to locate conceptions of judicial independence and the rule of law more generally within the ideological vocabulary of the state.
Book Synopsis Asia-Pacific Judiciaries by : H. P. Lee
Download or read book Asia-Pacific Judiciaries written by H. P. Lee and published by Cambridge University Press. This book was released on 2018 with total page 473 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explores judicial independence, integrity and impartiality in Asia-Pacific countries.
Book Synopsis China's National Security by : Cora Chan
Download or read book China's National Security written by Cora Chan and published by Bloomsbury Publishing. This book was released on 2020-03-05 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: All states are challenged by the need to protect national security while maintaining the rule of law, but the issue is particularly complex in the China–Hong Kong context. This timely and important book explores how China conceives of its national security and the position of Hong Kong. It considers the risks of introducing national security legislation in Hong Kong, and Hong Kong's sources of resilience against encroachments on its rule of law that may come under the guise of national security. It points to what may be needed to maintain Hong Kong's rule of law once China's 50-year commitment to its autonomy ends in 2047. The contributors to this book include world-renowned scholars in comparative public law and national security law. The collection covers a variety of disciplines and jurisdictions, and both scholarly and practical perspectives to present a forward-looking analysis on the rule of law in Hong Kong. It illustrates how Hong Kong may succeed in resisting pressure to advance China's security interests through repressive law. Given China's growing international stature, the book's reflections on China's approach to security have much to tell us about its potential impact on the global political, security, and economic order.
Book Synopsis The National Security Law of Hong Kong by : Hualing Fu
Download or read book The National Security Law of Hong Kong written by Hualing Fu and published by Hong Kong University Press. This book was released on 2022-07-12 with total page 395 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Law of the People’s Republic of China on Safeguarding National Security in the Hong Kong SAR (the ‘NSL’) promises to be the most important legal development in Hong Kong since the advent of the Basic Law. Many wondered in the aftermath of the NSL how the foundations of Hong Kong’s system might be changed and in what way the freedoms valued by Hong Kong may be affected. Supporters view the law as essential for the preservation of public order and the national security of China and to support the fundamental well-being of “One Country, Two Systems”, an arrangement that has been in place since the return of Hong Kong to China. Critics fear an adverse impact on the spirit of “One Country, Two Systems”. From a discussion initiated by the University of Hong Kong’s Faculty of Law, this collection of essays brings together leading experts on Hong Kong and Chinese law to offer an exploratory study of the NSL and its impact on the legal system and the principle of the rule of law in Hong Kong. The book examines the ramifications of the law in relation to constitutional matters, protecting national security and sustaining “One Country, Two Systems”, policing, judicial independence, and extraterritoriality, as well as its wider implications in areas such as academic freedom and the business environment. It explores the interaction between Hong Kong and Chinese law occasioned by the NSL. Finally, the book offers a comparative perspective of the experience of other jurisdictions that have engaged with similar security legislation. “This collection addresses an important and timely issue, and provides an invaluable resource for all lawyers interested in Hong Kong as they grapple with the momentous changes in its legal landscape. The collection will surely serve as a reference point for further discussion and debate.” —Victor V. Ramraj, University of Victoria, Canada “This book covers the most important aspects of national security issues, including freedom and security that we have always been concerned about. This timely publication not only offers the latest research results for the academic community, but also provides important reference materials for the Hong Kong society to understand the important topics of national security.” —Zhu Guobin, City University of Hong Kong
Book Synopsis The Culture of Judicial Independence in a Globalised World by : Shimon Shetreet
Download or read book The Culture of Judicial Independence in a Globalised World written by Shimon Shetreet and published by BRILL. This book was released on 2016-11-10 with total page 511 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume The Culture of Judicial Independence in a Globalised World, is an academic continuation of the previous three volumes: Judicial Independence: The Contemporary Debate, edited by Professor Shimon Shetreet and Chief Justice Deschenes (Martinus Nijhoff Publishers 1985), The Culture of Judicial Independence: Conceptual Foundations and Practical Challenges, edited by Professor Shimon Shetreet and Professor Christopher Forsyth (Martinus Nijhoff Publishers 2012), and The Culture of Judicial Independence: Rule of Law and World Peace edited by Professor Shimon Shetreet (Martinus Nijhoff Publishers 2014). This volume offers papers and studies by academics, judges and practitioners from many jurisdictions on judicial independence – both national and international.
Book Synopsis The Myth of Judicial Independence by : Mike McConville
Download or read book The Myth of Judicial Independence written by Mike McConville and published by Oxford University Press. This book was released on 2020-06-28 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: Through an examination of the history of the rules that regulate police interrogation (the Judges' Rules) in conjunction with plea bargaining and the Criminal Procedure Rules, this book explores the 'Westminster Model' under which three arms of the State (parliament, the executive, and the judiciary) operate independently of one another. It reveals how policy was framed in secret meetings with the executive which then actively misled parliament in contradiction to its ostensible formal relationship with the legislature. This analysis of Home Office archives shows how the worldwide significance of the Judges' Rules was secured not simply by the standing of the English judiciary and the political power of the empire but more significantly by the false representation that the Rules were the handiwork of judges rather than civil servants and politicians. The book critically examines the claim repeatedly advanced by judges that "judicial independence" is justified by principles arising from the "rule of law" and instead shows that the "rule of law" depends upon basic principles of the common law, including an adversarial process and trial by jury, and that the underpinnings of judicial action in criminal justice today may be ideological rather than based on principles.
Download or read book Freedom and Serfdom written by A. Hunold and published by Springer Science & Business Media. This book was released on 2012-12-06 with total page 287 pages. Available in PDF, EPUB and Kindle. Book excerpt: caused in the western camp. A further factor which operates to our disadvantage is the fact that in our democracies the role played by the mass of uprooted humanity is becoming increasingly important, and the problem of control and guidance of the masses still seems to be far from being solved. To all these burning questions an answer is given in this volume, Freedom and Serfdom, which contains a selection from the best contributions of world-renowned social economists, sociologists, philosophers and exponents of the political sciences, published for the first time in the English language. It is at this very moment that a work such as this, dedicated to the moral and intellectual struggle against communism and an analysis of our own democratic institu tions, is of particular and urgent importance. For it is imperative, surely, that we should use to the best possible advantage the relatively short time vouchsafed us by the sobering effects of the Paris con ference, before our opponents succeed once again in lulling us into a sense of complacent security. The purpose of this volume is not only to make a contribution towards the scientific clarification of some of the burning problems of the age, but also to instil a sense of urgency and vigilance, particularly in the younger generation, and to imbue them with courage and an eager readiness to fight for the ideals of the western world.
Book Synopsis The Myth of Judicial Independence by : Mike McConville
Download or read book The Myth of Judicial Independence written by Mike McConville and published by Oxford University Press, USA. This book was released on 2020-06-29 with total page 337 pages. Available in PDF, EPUB and Kindle. Book excerpt: Through an examination of the history of the rules that regulate police interrogation (the Judges' Rules) in conjunction with plea bargaining and the Criminal Procedure Rules, this book explores the 'Westminster Model' under which three arms of the State (parliament, the executive, and the judiciary) operate independently of one another. It reveals how policy was framed in secret meetings with the executive which then actively misled parliament in contradiction to its ostensible formal relationship with the legislature. This analysis of Home Office archives shows how the worldwide significance of the Judges' Rules was secured not simply by the standing of the English judiciary and the political power of the empire but more significantly by the false representation that the Rules were the handiwork of judges rather than civil servants and politicians. The book critically examines the claim repeatedly advanced by judges that "judicial independence" is justified by principles arising from the "rule of law" and instead shows that the "rule of law" depends upon basic principles of the common law, including an adversarial process and trial by jury, and that the underpinnings of judicial action in criminal justice today may be ideological rather than based on principles.
Book Synopsis Introduction to the Hong Kong Basic Law by : Danny Gittings
Download or read book Introduction to the Hong Kong Basic Law written by Danny Gittings and published by Hong Kong University Press. This book was released on 2013-07-01 with total page 446 pages. Available in PDF, EPUB and Kindle. Book excerpt: Effective since China's resumption of sovereignty on 1 July 1997, the Hong Kong Basic Law lays down the general policies and system of government for Hong Kong under the "one country, two systems" formula. It guarantees Hong Kong a high degree of autonomy, enshrines the rights and freedoms of residents, and preserves a separate common law system with an independent judiciary. This introduction traces the origins of the Hong Kong Basic Law and the concepts and legal issues that surround it. Drawing on the experience of the first 15 years, it then analyses the content of the Hong Kong Basic Law, especially in relation to Hong Kong's political system, the judiciary, and human rights. Intended especially for students at all levels in law, politics, and other disciplines, this book—the only introductory guide of its kind to the subject—will also appeal to the general reader interested in Hong Kong's experience under "one country, two systems". "Danny Gittings's Introduction to the Hong Kong Basic Law makes a significant contribution to an important subject. It is expressed in reader-friendly terms. The insights that it provides are of value not only to lawyers but also to the general public." —The Hon. Mr. Justice Kemal Bokhary, Permanent Judge of the Hong Kong Court of Final Appeal (1997–2012), Non-Permanent Judge (2012– ). "This well-researched and very readable introduction explains the history, practices and future of the Basic Law—Hong Kong's key constitutional document. It also explores how far the Basic Law is able to address the many political and legal issues now facing Hong Kong. The book is suitable for a wide range of readers. Students of Hong Kong law at all levels will find it essential reading. General readers with an interest in Hong Kong's governance will find in it a lucid and accurate guide—and a timely one as the debate about implementing democracy intensifies." —Professor Fu Hualing, Faculty of Law, University of Hong Kong. "Many of us approach law books with trepidation. But Gittings, a legal academic, used to be a journalist and this shows in his ability to make the book accessible to the general reader. [...] The Basic Law will continue to be central to issues facing the city for years to come. This book enables the reader to quickly acquire a much better understanding of them." — South China Morning Post "As Professor Gittings points out in his book, which includes a chapter on what might happen after Hong Kong’s 50-year autonomy ends, readability was a key aim. Acronyms are kept to a minimum and details set up neatly and comprehensively in footnotes so that the main text is kept as clean as possible." — Hong Kong Lawyer
Author :Australasian Institute of Judicial Administration Inc Publisher : ISBN 13 :9781875527496 Total Pages :35 pages Book Rating :4.5/5 (274 download)
Book Synopsis Guide to Judicial Conduct by : Australasian Institute of Judicial Administration Inc
Download or read book Guide to Judicial Conduct written by Australasian Institute of Judicial Administration Inc and published by . This book was released on 2007 with total page 35 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Hong Kong Legal System by : Stefan H. C. Lo
Download or read book The Hong Kong Legal System written by Stefan H. C. Lo and published by Cambridge University Press. This book was released on 2019-12-19 with total page 447 pages. Available in PDF, EPUB and Kindle. Book excerpt: Offers an accessible overview of Hong Kong's legal system and guides first-year law students in legal research and methods.
Book Synopsis Democracy and Rule of Law in China's Shadow by : Brian Christopher Jones
Download or read book Democracy and Rule of Law in China's Shadow written by Brian Christopher Jones and published by Bloomsbury Publishing. This book was released on 2021-06-03 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides detailed insight into some of the most contentious events occurring in jurisdictions operating within China's vast shadow. Epic clashes between law and politics have become a regular fixture throughout the world, and no region has seen more of these than Asia. In some cases these conflicts have involved newfound democratic aspirations or democratic deepening, while in others it has arisen because of pushback against authoritarian or semi-authoritarian governments. Indeed, many of these clashes centre on or involve the region's most powerful and controversial player: China. This book focuses on several of these critical struggles, examining how democracy and the rule of law play out in a number of jurisdictions highly influenced by China's presence. Chapters provide insightful analysis on issues such as: major threats to the rule of law and attempts to uphold the principle, oath-taking controversies, foreign judges and the disparagement of the judiciary, unconstitutional and undemocratic provisions, changing ideas of representation, a right to democracy in international law, same-sex marriage rights, and the legal responses to civil disobedience in Taiwan and Hong Kong, among other topics. Ultimately, the book delivers a contemporary understanding of how democracy and the rule of law both complement and converge in this fascinating region.
