By Johannes M M Chan, H L Fu, Yash Ghai
ISBN-10: 9622095097
ISBN-13: 9789622095090
This ebook explores felony and constitutional concerns in Hong Kong’s dating with mainland China via an research of the litigation at the correct of dwelling house of the youngsters of Hong Kong citizens who're born and dwell within the mainland.
Read or Download Hong Kong’s Constitutional Debate: Conflict Over Interpretation PDF
Similar law books
Capital Punishment (Historical Guides to Controversial by Joseph A. Melusky, Keith Alan Pesto PDF
Capital Punishment examines the talk round the demise penalty, elevating questions and trying to supply an even-handed exam of this arguable perform. The authors mix research of significant matters with excerpts from landmark felony judgements, vital files, survey effects, and empirical info.
The first a part of the publication discusses the origins of the loss of life penalty and strains its improvement from antiquity to modern instances. designated statistical information regarding capital punishment is gifted and mentioned, and the demise penalty is taken into account opposed to a constitutional backdrop with a number of arguments—for and against—articulated. the second one a part of the booklet comprises 3 appendices. the 1st appendix offers an annotated checklist of significant capital-punishment situations; the second one provides a extra basic chronological therapy of capital punishment; and the 3rd offers a bibliographic essay directing readers to different appropriate resources of curiosity. an intensive and insightful remedy, Capital Punishment offers either a precis of the present country of capital punishment and a dialogue of components of continuous controversy.
Warren's Forms of Agreements (Volume 1) - download pdf or read online
Warren's different types of Agreements is an 8-volume set inclusive of a number of well-defined, well-prefaced kinds overlaying approximately each transaction that an lawyer will come upon in a company perform. The set serves as either a criminal reference source and a helpful drafting software. every one bankruptcy includes introductory fabric that offers criminal and useful historical past details bearing on the actual topic, through whole kinds and particular clauses.
Download e-book for kindle: The Idea of Private Law by Ernest J Weinrib
Deepest legislation is a well-known and pervasive phenomenon. It applies our inner most intuitions approximately own accountability and justice to the valuables we personal and use, to the wounds we inflict or keep away from, and to the contracts which we make or holiday. the belief of personal legislation deals a brand new method of knowing this phenomenon.
Download PDF by Yariv Brauner (ed.), Miranda Stewart (ed.): Taxation, Law and Development
Comprising unique essays written through best criminal students, this cutting edge quantity is the main complete assortment thus far of self sufficient educational paintings exploring the connection among tax, legislation and improvement. participants conceal a number of tax matters, drawing on monetary, political, social, and institutional views to provide a complete view of the way tax legislation impact and are suffering from human financial improvement.
- International Law and Power: Perspectives on Legal Order and Justice
- Law Enforcement Career Guides: Texas (Learning Express Law Enforcement Series Texas)
- Ballentine’s Law Dictionary With Pronunciations
- Human Law and Computer Law: Comparative Perspectives
- Legally Stoned: 14 Mind-Altering Substances You Can Obtain and Use Without Breaking the Law
Additional info for Hong Kong’s Constitutional Debate: Conflict Over Interpretation
Example text
His reasoning was endorsed by the CFA, which also advanced the suggestion that the basis of the agreement may have been pragmatism, rather than interpretation (354FG). How far can the court take consequences into account? Lay criticism of the courts, particularly the CFA, in the right of abode case has centred on the failure to take into account the consequences of the decision. The more liberal the interpretation of article 24(2)(3), the more the number of people who would come, or at least be entitled to come, to Hong Kong in an unregulated way, adding to pressure on social services and increasing unemployment.
He appreciated that the case had not been fully argued; there was no detailed review of the PRC Constitution; and his own decision was 'not a concluded view' (353B). In the end, many points of Chinese law were glossed over, or rather, an uninformed view was taken of them. On the evidence and argument before it, the court was unable to decide whether a resolution of the NPC necessarily had the force of law, whether it could delegate all its powers to subordinate bodies, and what the procedures for, or the effect of, ratification of the decision of a subordinate body were.
At that time it was assumed that the views of the court on these additional issues were obiter, that is not strictly binding on courts in the future (this was recognized expressly by Chan CJHC and Nazareth VP (353B), and designated so in the two law report series). However, when the legality of the Provisional LegCo was raised in the Court of First Instance in Cheung Lai Wah, Keith J held that he was bound by Ma but allowed submissions on the issue to be filed for arguments in the CA. To complete the story, the CA held that its ruling on legality was not obiter, as it was an essential ground for its decision, and nor was it per incuriam (that is, given in ignorance of a binding decision or statute).
Hong Kong’s Constitutional Debate: Conflict Over Interpretation by Johannes M M Chan, H L Fu, Yash Ghai
by John
4.3