Applying the Efficiency Rationale to Separation of Powers in Hong Kong

Abstract

This chapter represents the first attempt to consider the relevance of the often forgotten efficiency rationale for separation of powers to how this doctrine is applied in Hong Kong.

It argues that there are some tentative signs that Hong Kong courts may be starting to recognise that separation of powers is broader than simply the traditional emphasis on checks and balances.

The chapter concludes that placing greater emphasis on the efficiency rationale in shaping how the doctrine of separation of powers is implemented under the Hong Kong Basic Law could play a helpful role in reducing the extent to which the doctrine continues to be treated as a political football in Hong Kong.

This is the original English text of "在香港的權力分立當中引入效率理念", and is an edited and updated version of a paper originally presented at the Conference on Governance, Democratization and Constitutional Reform: Definition of Political Structure of the HKSAR and Its Reform (City University of Hong Kong, 23-24 June 2016).

Keywords: Separation of Powers, Efficiency Rationale, Hong Kong, Basic Law

JEL Classification: K