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Author : Richard John Francis Gordon
Publisher :
ISBN 13 : 9789888016488
Total Pages : 370 pages
Book Rating : 4.0/5 (164 download)
Download or read book Judicial Review in Hong Kong written by Richard John Francis Gordon and published by . This book was released on 2009 with total page 370 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Richard John Francis Gordon
Publisher :
ISBN 13 : 9789888147717
Total Pages : 534 pages
Book Rating : 4.1/5 (477 download)
Download or read book Judicial Review in Hong Kong written by Richard John Francis Gordon and published by . This book was released on 2015 with total page 534 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Stephen Thomson
Publisher : Cambridge University Press
ISBN 13 : 1108400329
Total Pages : 425 pages
Book Rating : 4.1/5 (84 download)
Download or read book Administrative Law in Hong Kong written by Stephen Thomson and published by Cambridge University Press. This book was released on 2018-10-11 with total page 425 pages. Available in PDF, EPUB and Kindle. Book excerpt: Presents a comprehensive new text on administrative law in Hong Kong; discusses judicial review, administrative tribunals, the Ombudsman and subsidiary legislation.
Author : Swati Jhaveri
Publisher :
ISBN 13 : 9789888016952
Total Pages : 527 pages
Book Rating : 4.0/5 (169 download)
Download or read book Hong Kong Administrative Law written by Swati Jhaveri and published by . This book was released on 2010 with total page 527 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Shucheng Wang
Publisher :
ISBN 13 :
Total Pages : 17 pages
Book Rating : 4.:/5 (13 download)
Download or read book Reconciling Hong Kong's Final Authority on Judicial Review with the Central Authorities in China written by Shucheng Wang and published by . This book was released on 2016 with total page 17 pages. Available in PDF, EPUB and Kindle. Book excerpt: Although the formula of “One Country, Two Systems” has been implemented since 1997, it is still controversial in terms of the role of Hong Kong's final authority on judicial review under China's sovereignty. On the one hand, the power of final adjudication is vested in the Court of Final Appeal (CFA) in Hong Kong according to the Basic Law of the Hong Kong Special Administrative Region (HKSAR). On the other hand, under China's sovereignty, the constitutional role of the Hong Kong court in solving issues relating to Central Authorities within its jurisdiction is still controversial. This constitutional tension has been seen in many cases, for example in HKSAR v. David Ma Wai-Kan. This article examines the nature of Hong Kong's final authority on judicial review and its relationship with the NPCSC's authority over the interpretation of the Basic Law. It reveals that, in the context of Hong Kong under “One Country, Two Systems,” a dual structure of constitutional review has been formed: one is the judicial review of the Basic Law by Hong Kong courts at the regional level, and the other is the constitutional control of the Basic Law by the NPCSC at the national level. Furthermore, it suggests that each one should take a deferential approach so that a balance can be struck between “One Country” and “Two Systems.” In addition, it is necessary to develop some public channels to effectuate the mutual deference mechanism by showing their respective positions. To a certain extent, FG Hemisphere Associates LLC v. Democratic Republic of the Congo and Others has shown that such a mechanism is possible as Hong Kong's final authority on judicial review based on “Two Systems” is more likely to be reconciled with China's sovereignty backed by “One Country.”
Author : Guobin Zhu
Publisher : Springer Nature
ISBN 13 : 3030315398
Total Pages : 445 pages
Book Rating : 4.0/5 (33 download)
Download or read book Deference to the Administration in Judicial Review written by Guobin Zhu and published by Springer Nature. This book was released on 2019-11-23 with total page 445 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book investigates judicial deference to the administration in judicial review, a concept and legal practice that can be found to a greater or lesser degree in every constitutional system. In each system, deference functions differently, because the positioning of the judiciary with regard to the separation of powers, the role of the courts as a mechanism of checks and balances, and the scope of judicial review differ. In addition, the way deference works within the constitutional system itself is complex, multi-faceted and often covert. Although judicial deference to the administration is a topical theme in comparative administrative law, a general examination of national systems is still lacking. As such, a theoretical and empirical review is called for. Accordingly, this book presents national reports from 15 jurisdictions, ranging from Argentina, Canada and the US, to the EU. Constituting the outcome of the 20th General Congress of the International Academy of Comparative Law, held in Fukuoka, Japan in July 2018, it offers a valuable and unique resource for the study of comparative administrative law.
Author : Simon N. M. Young
Publisher : Cambridge University Press
ISBN 13 : 1107011213
Total Pages : 739 pages
Book Rating : 4.1/5 (7 download)
Download or read book Hong Kong's Court of Final Appeal written by Simon N. M. Young and published by Cambridge University Press. This book was released on 2014 with total page 739 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.
Author : H. Fu
Publisher : Springer
ISBN 13 : 0230610366
Total Pages : 260 pages
Book Rating : 4.2/5 (36 download)
Download or read book Interpreting Hong Kong’s Basic Law: The Struggle for Coherence written by H. Fu and published by Springer. This book was released on 2007-12-25 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: On July 1, 2007, Hong Kong celebrated its tenth anniversary as a special administrative region of China. It also marked the first decade of its unique constitutional order in which Hong Kong courts continue to apply and develop the common law but the power of final interpretation of the constitution lies with the Standing Committee of the National People's Congress. This book is a collection of chapters by leading constitutional law experts in Hong Kong who examine the interpretive issues and conflicts which have arisen since 1997. Intervention by China in constitutional interpretation has been restrained but each intervention has had significant political and jurisprudential impact. The authors give varied assessments of the struggle for interpretive coherence in the coming decade.
Author : Swati Jhaveri
Publisher : Cambridge University Press
ISBN 13 : 1108481574
Total Pages : 447 pages
Book Rating : 4.1/5 (84 download)
Download or read book Judicial Review of Administrative Action written by Swati Jhaveri and published by Cambridge University Press. This book was released on 2021-03-18 with total page 447 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explores the English origins of the principles of judicial review in common law jurisdictions and autochthonous pressures for their adaptation.
Author : Hongyi Chen
Publisher : Cambridge University Press
ISBN 13 : 110719508X
Total Pages : 407 pages
Book Rating : 4.1/5 (71 download)
Download or read book Constitutional Courts in Asia written by Hongyi Chen and published by Cambridge University Press. This book was released on 2018-09-20 with total page 407 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comparative, systematic and critical analysis of constitutional courts and constitutional review in Asia.
Author : John QC Litton
Publisher :
ISBN 13 : 9789888476435
Total Pages : 294 pages
Book Rating : 4.4/5 (764 download)
Download or read book Planning Law in Hong Kong written by John QC Litton and published by . This book was released on 2018 with total page 294 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Anton Cooray
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403545240
Total Pages : 594 pages
Book Rating : 4.4/5 (35 download)
Download or read book Constitutional Law in Hong Kong written by Anton Cooray and published by Kluwer Law International B.V.. This book was released on 2022-10-20 with total page 594 pages. Available in PDF, EPUB and Kindle. Book excerpt: Derived from the renowned multi-volume International Encyclopaedia of Laws, this very useful analysis of constitutional law in Hong Kong provides essential information on the country’s sources of constitutional law, its form of government, and its administrative structure. Lawyers who handle transnational matters will appreciate the clarifications of particular terminology and its application. Throughout the book, the treatment emphasizes the specific points at which constitutional law affects the interpretation of legal rules and procedure. Thorough coverage by a local expert fully describes the political system, the historical background, the role of treaties, legislation, jurisprudence, and administrative regulations. The discussion of the form and structure of government outlines its legal status, the jurisdiction and workings of the central state organs, the subdivisions of the state, its decentralized authorities, and concepts of citizenship. Special issues include the legal position of aliens, foreign relations, taxing and spending powers, emergency laws, the power of the military, and the constitutional relationship between church and state. Details are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for both practising and academic jurists. Lawyers representing parties with interests in Hong Kong will welcome this guide, and academics and researchers will appreciate its value in the study of comparative constitutional law.
Author : Michael C. Davis
Publisher : Springer
ISBN 13 : 1349203955
Total Pages : 226 pages
Book Rating : 4.3/5 (492 download)
Download or read book Constitutional Confrontation in Hong Kong written by Michael C. Davis and published by Springer. This book was released on 2016-01-03 with total page 226 pages. Available in PDF, EPUB and Kindle. Book excerpt: An examination of China's accommodation of Western constitutional values, in the light of the pending return of British Hong Kong to China. The Joint Declaration which governs the return guarantees a continuance of these values, and this study looks at the resulting tensions between East and West.
Author : Johannes M.M. Chan
Publisher : Hong Kong University Press
ISBN 13 : 9622095097
Total Pages : 549 pages
Book Rating : 4.6/5 (22 download)
Download or read book Hong Kong's Constitutional Debate written by Johannes M.M. Chan and published by Hong Kong University Press. This book was released on 2000-02-01 with total page 549 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores legal and constitutional issues in Hong Kong's relationship with mainland China through an analysis of the litigation on the right of abode of the children of Hong Kong residents who are born and live in the mainland. The litigation in the Hong Kong courts and the subsequent interpretation by the Standing Committee of the National People's Congress were followed with keen interest both locally and internationally, and had provoked great controversy. The differing approaches to and styles of interpretation of the Court and the Standing Committee provide a vivid demonstration of the clash of legal systems within which Hong Kong's constitutional system has to operate. These issues are discussed in this book by Hong Kong's leading legal scholars and practitioners. This book offers perspectives to solve these controversies and to develop an acceptable approach to the interpretation of the Basic Law. It captures the sustained public debate on constitutional issues and provides a historical record of this constitutional debate. It also contains the full texts of the decision of the Court and the Interpretation by the Standing Committee.
Download or read book Effective Judicial Review written by and published by . This book was released on 2009 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Hongyi Chen
Publisher :
ISBN 13 :
Total Pages : 16 pages
Book Rating : 4.:/5 (513 download)
Download or read book Constitutional Crisis in Hong Kong written by Hongyi Chen and published by . This book was released on 1999 with total page 16 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Po Jen Yap
Publisher : Routledge
ISBN 13 : 1317361490
Total Pages : 250 pages
Book Rating : 4.3/5 (173 download)
Download or read book Judicial Review of Elections in Asia written by Po Jen Yap and published by Routledge. This book was released on 2016-04-14 with total page 250 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the past century, Asian nations have experienced a wave of democratisation as countries in the region have gained independence or transitioned from authoritarian military rule towards more participatory politics. At the same time, there has been an expansion of judicial power in Asia, whereby new courts or empowered old ones emerge as independent constraints on governmental authority. This is the first book to assess the judicial review of elections in Asia. It provides important insights into how Asian courts can strategically engage with the political actors in their jurisdictions and contribute to a country’s democratic discourse. Each chapter in the book sheds light on the judicial review of elections and the electoral process in a specific Asian jurisdiction, including Common Law Asia, namely Hong Kong, India, Malaysia, and Singapore, as well as jurisdictions in Civil Law Asia, namely Indonesia, Japan, the Republic of Korea, Taiwan, and Thailand. It fills a gap in the literature by addressing a central challenge to democratic governance, namely the problem of partisan self-dealing in the electoral processes. By exploring the constantly evolving role of the courts in addressing pivotal constitutional questions, this book will be of interest to students and scholars of Asian Law, Governance and Politics.
