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Book
The judicial construction of Hong Kong's Basic Law
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ISBN: 9888455664 9789888455669 9789888208074 9888208071 Year: 2014 Publisher: Hong Kong

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Abstract

China has granted Hong Kong a high degree of autonomy through the Basic Law under the principle of "one country, two systems". Hong Kong's legal system under the Basic Law is based on the common law and is administered by independent courts. By interpreting the Basic Law, Hong Kong's courts have reviewed legislation and executive decisions, and have achieved a "second founding" of the Basic Law as an enforceable constitution. This book is the first comprehensive account of how the Hong Kong courts gained this vital power of judicial review. Through an analysis of important court cases since 1997, the book also examines how the Hong Kong courts maintain their relationships with the executive and legislature, and with China's Central Authorities, which have been sceptical of these achievements. Hong Kong's unique status as a common law jurisdiction within socialist China poses risks of integration: this book concludes that the best choice lies in maintaining and developing a cosmopolitan judicial outlook.

Keywords

Judicial power. --- Constitutional law. --- Basic law. --- Judicial power --- Separation of powers --- Constitutional law --- Constitutional limitations --- Constitutionalism --- Constitutions --- Limitations, Constitutional --- Public law --- Administrative law --- Judiciary --- Justiciability --- Power, Judicial --- Courts --- Implied powers (Constitutional law) --- Judicial independence --- Checks and balances (Separation of powers) --- Division of powers --- Powers, Separation of --- Political science --- Delegation of powers --- Executive power --- Judicial review --- Legislative power --- Interpretation and construction --- Law and legislation --- Hong Kong (China). --- China. --- Xianggang Tebie Xingzhengqu ji ben fa (China) --- Zhonghua Renmin Gongheguo Xianggang Tebie Xingzhengqu ji ben fa (China) --- Hsiang-kang tʻe pieh hsing cheng chʻü chi pen fa (China) --- Basic law of Hong Kong Special Administrative Region of the People's Republic of China (China) --- Basic law of Hong Kong Special Administrative Region of the People's Republic of China (Hong Kong (China)) --- China --- Cina --- Kinë --- Cathay --- Chinese National Government --- Chung-kuo kuo min cheng fu --- Republic of China (1912-1949) --- Kuo min cheng fu (China : 1912-1949) --- Chung-hua min kuo (1912-1949) --- Kina (China) --- National Government (1912-1949) --- China (Republic : 1912-1949) --- People's Republic of China --- Chinese People's Republic --- Chung-hua jen min kung ho kuo --- Central People's Government of Communist China --- Chung yang jen min cheng fu --- Chung-hua chung yang jen min kung ho kuo --- Central Government of the People's Republic of China --- Zhonghua Renmin Gongheguo --- Zhong hua ren min gong he guo --- Kitaĭskai︠a︡ Narodnai︠a︡ Respublika --- Činská lidová republika --- RRT --- Republik Rakjat Tiongkok --- KNR --- Kytaĭsʹka Narodna Respublika --- Jumhūriyat al-Ṣīn al-Shaʻbīyah --- RRC --- Kitaĭ --- Kínai Népköztársaság --- Chūka Jinmin Kyōwakoku --- Erets Sin --- Sin --- Sāthāranarat Prachāchon Čhīn --- P.R. China --- PR China --- Chung-kuo --- Zhongguo --- Zhonghuaminguo (1912-1949) --- Zhong guo --- Chine --- République Populaire de Chine --- República Popular China --- Catay --- VR China --- VRChina --- 中國 --- 中国 --- 中华人民共和国 --- Jhongguó --- Bu̇gu̇de Nayiramdaxu Dundadu Arad Ulus --- Bu̇gu̇de Nayiramdaqu Dumdadu Arad Ulus --- Bu̇gd Naĭramdakh Dundad Ard Uls --- Khi︠a︡tad --- Kitad --- Dumdadu Ulus --- Dumdad Uls --- Думдад Улс --- Kitajska --- China (Republic : 1949- ) --- PRC --- P.R.C. --- BNKhAU --- БНХАУ --- Chung-hua jen min kung ho kuo Hsiang-kang tʻe pieh hsing cheng chʻ --- Hong Kong --- Zhong hua ren min gong he guo Xiang gang te bie xing zheng qu --- Zhonghua Renmin Gongheguo Xianggang Tebie Xingzhengqu

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