The Judicial Construction of Hong Kong’s Basic Law Courts, Politics and Society after 1997 / Lo Pui Yin.

Format:

Book

Author/Creator:

Lo, P. Y., author.

Language:

English

Subjects (All):

Xianggang Tebie Xingzhengqu ji ben fa (China).

Judicial power.

Constitutional law.

China--Hong Kong.

Physical Description:

1 online resource (xlii, 580 pages)

Edition:

1st ed.

Place of Publication:

Hong Kong : Hong Kong University Press, [2014]

Summary:

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.

Contents:

Introduction and background to the study

The pioneering judicial voyage : 1997-2013

The HKSAR courts' vulnerable judicial supremacy

The intra-SAR relationships : the executive, the legislature and the judiciary

The central-SAR relationship

Reconstructing the judicial or judicial reconstruction.

Notes:

Includes excerpts from the Hong Kong Basic Law (pages [551]-558).

Includes bibliographical references (pages 509-549) and index.

Description based on print version record.

ISBN:

9789888455669

9888455664

OCLC:

1132688966