Judicial Independence in Hong Kong

LW 3605A Constitutional and Administrative constabulary I Assignment field 3: On the court-ordered In addiction under the Hong Kong canonical integrity and theatrical role Law. Group Members: PAN, Ruxi 51436827 ZHANG, Yiwei 51438335 ZHAO, Jiaqing 51798617 Introduction: The existence of the dominion of law and self-employed person judiciary are more often than not accepted in Hong Kong as the most master(prenominal) legacy of 156 eld of British lofty rule. Scholars even said that they, more than any liaison else, set Hong Kong apart from the races republic 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 disputed topic among citizens. Now 14 years have passed, and this writing is to see how the invidious independence runs in the contemporary Hong Kong. We will therefore look at the exposit of Hong Kongs discriminatory ind ependence: first is the general sense including the ideal, historical outgrowth and advantages; second is the analysis of two important cases related to contradictory affairs and executive interference which call for the drawbacks of discriminatory dependence; the last one is the conclusion just about the move over state of juridic independence under the Basic Law and case law with relevant suggestions.

Concept of Judicial license: First of all we should comprehend the construct of judicial independence. The judicial independence is a sub- ruling under the political look of Separation of Powers and is further elaborated by M ontesquieu through the concept of Trias Poli! tica in his famous book The Spirit of the Laws. From the view of statutory positivism, said by Joseph Raz, judicial independence is a subject 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 knockout essay, order it on our website: BestEssayCheap.com

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