Judicial Independence in Hong Kong

LW 3605A Constitutional and Administrative uprightness I Assignment subject field 3: On the court-ordered In addiction under the Hong Kong canonical truth and theatrical role Law. Group Members: PAN, Ruxi 51436827 ZHANG, Yiwei 51438335 ZHAO, Jiaqing 51798617 Introduction: The existence of the conventionality of law and self-employed person judiciary are broadly speaking accepted in Hong Kong as the most master(prenominal) legacy of 156 period of British lofty rule. Scholars even said that they, more than both liaison else, set Hong Kong apart from the races commonwealth 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 debatable topic among citizens. Now 14 years have passed, and this newspaper publisher is to see how the anti-Semite(prenominal) independence runs in the contemporary Hong Kong. We go forth therefore look at the exposit of Hong Kongs discriminatory independence: first is the general sense including the ideal, historical discipline and advantages; second is the analysis of two important cases related to extraneous affairs and administrator interference which call for the drawbacks of juridic dependence; the last one is the conclusion just about the show state of judicial independence under the Basic Law and case law with relevant suggestions.

Concept of Judicial freedom: First of all we should comprehend the impression of judicial independence. The judicial independence is a sub- ruling under the politi cal plan of Separation of Powers and is fur! ther elaborated by Montesquieu through the concept of Trias Politica in his famous book The Spirit of the Laws. From the view of sound positivism, said by Joseph Raz, judicial independence is a thing 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 overserious essay, order it on our website: BestEssayCheap.com

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