The Rule of Law

LW5601 Hong Kong Legal System After the handover on 1 July 1997, Hong Kong formally became dissociate of the Peoples Republic of China (PRC). However, the British vulgar practice of law remained intact and the nonion of one country, two systems was formed. pure(a) to the common law system, is the persist of law, a convention which safeguards citizens from the discreetness 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 ticktock 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 put up public authorities to escape judicial restraint. When seen in inflammation of Hong-Kongs semi-democratic electoral system, it will be ar gued the inhering checks and balances provided by an secrete-living judiciary have been eroded, making the recover 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 contract ones life without being discomfited by the arbitrariness of the government.

The underlying basis for this principle is to ordain 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 l aw. This is reflected in A.V. Diceys starti! ng signal formulation that no person is punishable draw off-key for a breach of the law. However, the rule of law besides 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 magisterial regimes it is essential that no man is above the law, including state...If you insufficiency to get a full essay, order it on our website: OrderCustomPaper.com

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