Judicial Independence in Hong Kong

LW 3605A Constitutional and Administrative justness I Assignment way out 3: On the court-ordered In colony under the Hong Kong canonical jurisprudence and theatrical role Law. Group Members: PAN, Ruxi 51436827 ZHANG, Yiwei 51438335 ZHAO, Jiaqing 51798617 Introduction: The existence of the draw rein of law and self-employed person judiciary are loosely accepted in Hong Kong as the most master(prenominal) legacy of 156 develop of British lofty rule. Scholars even said that they, more than some(prenominal) liaison else, set Hong Kong apart from the races country of China (PRC) and are also the keister for the future of Hong Kong. However, upon the hand-over in 1997, whether the independence of judiciary is maintained has been a quite polemic topic among citizens. Now 14 years have passed, and this story is to see how the discriminatory independence runs in the contemporary Hong Kong. We depart therefore look at the exposit of Hong Kongs discrimin atory independence: first is the general sense including the ideal, historical victimization and advantages; second is the analysis of two important cases related to inappropriate affairs and executive director interference which call for the drawbacks of legal dependence; the last one is the conclusion just about the drive home state of judicial independence under the Basic Law and case law with relevant suggestions.

Concept of Judicial license: First of all we should comprehend the thought of judicial independence. The judicial independence is a sub- ruling under the political profound opinion of Separation of Powers and is further elabora! ted by Montesquieu through the concept of Trias Politica in his famous book The Spirit of the Laws. From the view of legal positivism, said by Joseph Raz, judicial independence is a social function that has to be fulfilled to achieve the rule of law. Under this model, the judicial branch should be separated from other branches of the government, saying the executive and legislative branches, or from any other private or partisan interests so that it can...If you want to get a sober essay, order it on our website: BestEssayCheap.com

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