Detail 10 years of the Basic Law: The Rise, Retreat and Resurgence of Judicial Power in Hong Kong (2007) 36 Common Law World Review (forthcoming) Bibliografi Author: Yap, Po Jen Topik: People Republic of China's; PRC; Hong Kong Bahasa: (EN )     Penerbit: National University of Singapore     Tempat Terbit: Singapore    Tahun Terbit: 2007     Jenis: Papers/Makalah Fulltext: Yap Po Jen.pdf (122.56KB; 1 download) Abstract In this paper, I would essentially argue that post Ng Ka- Ling, the CFA has become cognizant of the repercussions of their decisions and legislative/executive reaction as such and have now adopted a pragmatic view toward their adjudicatory role and is keenly conscious of the consequences of their actions. Where decisions implicate the validity of PRC laws or NPCSC decisions, the Courts would always defer to the Central Government. Notwithstanding the Court’s recognition of the supremacy of the NPCSC, the Court has remained very diligent in preserving its prerogative as the primary interpreter of the Basic Law. Where disputes concerns alleged human rights violation that have no PRC implications but have law and order implications in Hong Kong, the Courts are generally conservative so as to afford the Legislature or the Executive much latitude in maintaining peace and stability. With regard to disputes with neither NPCSC nor domestic law and order implications, the Court is confident that any political backlash against an adverse decision would be minimal; in these instances, the Court is therefore more conscious of avoiding the austerity of tabulated legalism and is enthused about providing a generous interpretation of the Basic Law. Opini Anda Klik untuk menuliskan opini Anda tentang koleksi ini! Lihat Sejarah Pengadaan  Konversi Metadata   Kembali

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