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Judicial Review of Elections in Hong Kong: Resolving a Contradiction

Po Jen Yap (ed), Judicial Review of Elections in Asia (Routledge, 2016 Forthcoming)

University of Hong Kong Faculty of Law Research Paper No. 2015/035

23 Pages Posted: 3 Sep 2015 Last revised: 24 Sep 2015

Simon N. M. Young

The University of Hong Kong - Faculty of Law

Date Written: August 25, 2015

Abstract

Analysis of judicial review of elections in Hong Kong reveals a contradiction: strong review of restrictions on voting and candidacy, but weak review of serious institutional inequalities. Weak review occurs when the issue is within the scope of Hong Kong’s political reform trajectory and of interest to the Chinese government. Beijing’s assertive role in the 2013-15 reform exercise may influence courts to adopt an even more deferential posture. However, this should be resisted, as it would fail to accord sufficient importance to entrenched political rights and involve unwarranted deference by courts, especially if the reform trajectory has hit a wall.

Keywords: Hong Kong, judicial review, election law, right to vote

Suggested Citation

Young, Simon N. M., Judicial Review of Elections in Hong Kong: Resolving a Contradiction (August 25, 2015). Po Jen Yap (ed), Judicial Review of Elections in Asia (Routledge, 2016 Forthcoming); University of Hong Kong Faculty of Law Research Paper No. 2015/035. Available at SSRN: https://ssrn.com/abstract=2655475

Simon N. M. Young (Contact Author)

The University of Hong Kong - Faculty of Law ( email )

Pokfulam Road
Hong Kong, Hong Kong
China

HOME PAGE: http://hub.hku.hk/rp/rp01275

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