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 rightfulness remained intact and the nonion of one country, two systems was formed. complete to the common law system, is the persist of law, a convention which safeguards citizens from the fragility of state power. Unlike other common law jurisdictions, Hong Kong is non 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 wash up 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 bear public authorities to escape judicial restraint. When seen in airy of Hong-Kongs semi-democratic electoral system, it will be argued the inhe ring checks and balances provided by an separatist judiciary have been eroded, making the rein of law more than 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 get ones life without being discomfited by the arbitrariness of the government.

The underlying basis for this principle is to puddle respect to the autonomy and dignity of the individuals, such that they be part with to make decisions without interference by the executives, so extensive as it does not contravene the law. This is refl ected in A.V. Diceys prototypical formulati! on that no person is punishable draw off for a breach of the law. However, the rule of law similar 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 dominating 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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