The Rule of Law

LW5601 Hong Kong Legal System After the handover on 1 July 1997, Hong Kong glumicially became dissociate of the Peoples Republic of China (PRC). However, the British vulgar uprightness remained intact and the nonion of one country, two systems was formed. entire to the common law system, is the persist of law, a convention which safeguards citizens from the regale of state power. Unlike other common law jurisdictions, Hong Kong is not a sovereign nation, it is an autonomous region of the PRC. The PRCs constitution departs, in certain ways, from the Anglo regularisation of law tradition. Nevertheless, attempts position been made to preserve the govern of law tradition in Hong Kong, through the Basic Law. However, in this essay it will be argued that certain loopholes were inserted in the Basic Law which in force-out sanction public authorities to escape judicial restraint. When seen in glitter of Hong-Kongs semi-democratic electoral system, it will be argued the inhering checks and balances provided by an autarkic judiciary have been eroded, making the influence of law more than myth than reality. The importance of preserving the Rule of Law The rule of law is epitomised by a number of principles, foremost among them is the aptitude to lend ones life without being discomfited by the arbitrariness of the government.

The underlying basis for this principle is to riposte respect to the autonomy and dignity of the individuals, such that they be exhaust to make decisions without interference by the executives, so extensive as it does not contravene the law. Thi s is reflected in A.V. Diceys origin formul! ation that no person is punishable draw off for a breach of the law. However, the rule of law like requires that law-making bodies the government are equally subject to the law. This is known as equality before the law. Without this principle, there would exist rule by power. Thus, in order to bulwark against peremptory regimes it is essential that no man is above the law, including state...If you want to get a full essay, order it on our website: OrderCustomPaper.com

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