1 option
Hong Kong's Court of Final Appeal : the development of the law in China's Hong Kong / edited by Simon N.M. Young and Yash Ghai.
- Format:
- Book
- Language:
- English
- Subjects (All):
- Hong Kong (China). Court of Final Appeal.
- Hong Kong (China).
- Appellate procedure--China--Hong Kong.
- Appellate procedure.
- Judicial process--China--Hong Kong.
- Judicial process.
- Courts of last resort--China--Hong Kong--History.
- Courts of last resort.
- Courts--China--Hong Kong--History.
- Courts.
- Law--China--Hong Kong--History.
- Law.
- Courts of last resort--China--Macau (Special Administrative Region).
- History.
- China--Macau (Special Administrative Region).
- China--Hong Kong.
- Physical Description:
- 1 online resource (lv, 681 pages) : digital, PDF file(s)
- Place of Publication:
- Cambridge : Cambridge University Press, 2014.
- System Details:
- text file
- Summary:
- 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.
- Contents:
- Themes and arguments / Yash Ghai
- Part I. Final Appeals : Setting the Context
- Autonomy and the Court of Final Appeal : the constitutional framework / Yash Ghai
- Two interpreters of the basic law : the Court of Final Appeal and the Standing Committee of the National People's Congress / Xiaonan Yang
- A worthy predecessor? The Privy Council on Appeal from Hong Kong, 1853-1997 / Oliver Jones
- Part II. The Hong Kong Court of Final Appeal
- Genesis of Hong Kong's Court of Final Appeal / Simon N. M. Young, Antonio Da Roza and Yash Ghai
- Final Appeals then and now / Simon N. M. Young and Antonio Da Roza
- Jurisdiction and procedure / Antonio Da Roza
- A practitioner's perspective / Michael Thomas
- A human rights lawyer's perspective / Mark Daly
- Part III. Judges and Judging
- Role of the Chief Justice / Simon N. M. Young, Antonio Da Roza and Yash Ghai
- The judges / Simon N. M. Young and Antonio Da Roza
- Concurring and dissenting in the Hong Kong Court of Final Appeal / Jill Cottrell and Yash Ghai
- Part IV. Jurisprudence of the Court
- The common law Sir / Anthony Mason.
- Basic law jurisprudence of the Court of Final Appeal / Albert H. Y. Chen and P. Y. Lo
- Human rights / Simon N. M. Young
- Administrative law / Johannes Chan
- Criminal law / Simon N. M. Young
- Commercial law / William Waung
- Land law / Malcolm Merry
- Tort law / Rick Glofcheski
- Civil procedure / Gary Meggitt
- Part V. Perspectives from Beyond Hong Kong
- Impact of jurisprudence beyond Hong Kong / P. Y. Lo
- Macau's Court of Final Appeal / Jorge Godinho and Paulo Cardinal
- Foreign judges: a European perspective / Josef Marko.
- Notes:
- Title from publisher's bibliographic system (viewed on 05 Oct 2015).
- Other Format:
- Print version:
- ISBN:
- 9780511894763
- Access Restriction:
- Restricted for use by site license.
The Penn Libraries is committed to describing library materials using current, accurate, and responsible language. If you discover outdated or inaccurate language, please fill out this feedback form to report it and suggest alternative language.