After the handover on 1 July 1997, Hong Kong formally became dissociate of the Peoples Republic of China (PRC). However, the British vulgar law remained intact and the nonion of one country, two systems was formed. thorough to the common law system, is the persist of law, a convention which safeguards citizens from the treat of state power. Unlike other common law jurisdictions, Hong Kong is not a sovereign nation, it is an autonomous region of the PRC. The PRCs constitution departs, in certain ways, from the Anglo regularisation of law tradition. Nevertheless, attempts flummox been made to preserve the govern of law tradition in Hong Kong, through the Basic Law. However, in this essay it will be argued that certain loopholes were inserted in the Basic Law which in force-out allow public authorities to escape judicial restraint. When seen in light of Hong-Kongs semi-democratic electoral system, it will be argued the inhering checks and balances provided by an independent judiciary have been eroded, making the rule of law more myth than reality.
The importance of preserving the Rule of Law
The rule of law is epitomised by a number of principles, foremost among them is the aptitude to conduct ones life without being discomfited by the arbitrariness of the government.
The underlying basis for this principle is to give respect to the autonomy and dignity of the individuals, such that they be free to make decisions without interference by the executives, so extensive as it does not contravene the law. This is reflected in A.V. Diceys first formulation that no person is punishable draw off for a breach of the law. However, the rule of law alike requires that law-making bodies the government are equally subject to the law. This is known as equality before the law. Without this principle, there would exist rule by power. Thus, in order to bulwark against high-and-mighty regimes it is essential that no man is above the law, including state...If you inadequacy to get a full essay, order it on our website: Orderessay
If you want to get a full essay, wisit our page: write my essay .
No comments:
Post a Comment