The Place of Comparative Law in the Developing Jurisprudence on the Rule of Law and Human Rights in Hong Kong

Abstract

This article discusses the use of comparative law in the development of the constitutional jurisprudence of Hong Kong. It identifies the advantages of using comparative law and the problems associated with that use. Because the Basic Law and the Hong Kong Bill of Rights reflect international or comparative norms, there is much to be gained in Hong Kong from the use in various ways of comparative law in this respect. Hong Kong’s situation is to be distinguished from that of jurisdictions such as the United States and Australia whose constitutions came into existence before the development of the modern law of human rights and fundamental freedoms.