Applying the Efficiency Rationale to Separation of Powers in Hong Kong

Translated and Published in Chinese As"在香港的權力分立當中引入效率理念" in Zhu Guobin (ed.), "The Study of Political Structure of Hong Kong Special Administrative Region" (Hong Kong: City University Press, 2017).

University of Hong Kong Faculty of Law Research Paper No. 2018/039

11 Pages Posted: 2 Jul 2018 Last revised: 23 Oct 2018

See all articles by Danny Gittings

Danny Gittings

University of Hong Kong, College of Humanities and Law, School of Professional and Continuing Education; The University of Hong Kong, Faculty of Law

Date Written: July 1, 2017

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

Suggested Citation

Gittings, Danny, Applying the Efficiency Rationale to Separation of Powers in Hong Kong (July 1, 2017). Translated and Published in Chinese As"在香港的權力分立當中引入效率理念" in Zhu Guobin (ed.), "The Study of Political Structure of Hong Kong Special Administrative Region" (Hong Kong: City University Press, 2017).; University of Hong Kong Faculty of Law Research Paper No. 2018/039. Available at SSRN: https://ssrn.com/abstract=3193787

Danny Gittings (Contact Author)

University of Hong Kong, College of Humanities and Law, School of Professional and Continuing Education ( email )

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95 Queensway
Hong Kong

HOME PAGE: http://hkuspace.hku.hk/about-us/people/chl

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

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Hong Kong
Hong Kong

HOME PAGE: http://hub.hku.hk/cris/rp/rp01854

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