Regional Autonomy, Judicial Criticism and the 2005 Interpretation: Judicial Independence in Hong Kong Compromised Again?

Hong Kong Law Journal, Vol. 36, p. 117, 2006

Posted: 18 Aug 2006

See all articles by Simon Marsden

Simon Marsden

University of South Australia

Abstract

This article analyses challenges to judicial independence in the lead-up to the 2005 interpretation of the Basic Law by the National People's Congress Standing Committee. It argues that because the Chief Executive is accountable to the Hong Kong Special Administrative Region as well as to the Central People's Government, (enhanced by a legitimate expectation of universal suffrage for the future election of the Chief Executive), the interpretation potentially concerned a matter of "regional autonomy", which was therefore within the jurisdiction of the Hong Kong courts. The criticisms made by the Hong Kong Special Administrative Region Government of judicial review and of a lack of experience with constitutional law suggests that legitimate avenues of public challenge to inappropriate government action are not respected, which in the current absence of democratic alternatives is a cause for concern with respect to the rule of law, the separation of powers and the future development of Basic Law jurisprudence.

Suggested Citation

Marsden, Simon, Regional Autonomy, Judicial Criticism and the 2005 Interpretation: Judicial Independence in Hong Kong Compromised Again?. Hong Kong Law Journal, Vol. 36, p. 117, 2006, Available at SSRN: https://ssrn.com/abstract=925162

Simon Marsden (Contact Author)

University of South Australia ( email )

37-44 North Terrace, City West Campus
Adelaide, South Australia 5001
Australia

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