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Deference in Human Rights Adjudication
In human rights adjudication, courts sometimes face issues that they lack the expertise or constitutional legitimacy to resolve. One way of dealing with such issues is to 'defer', or accord a margin of appreciation, to the judgments of public authorities. This raises two important questions: what devices courts should use to exercise deference, and how deference can be made more workable for judges and predictable for litigants. Combining in-depth conceptual analysis with practice in a broad range of jurisdictions, Deference in Human Rights Adjudication answers these questions. It introduces six devices for deference (namely, the burden of proof, standard of proof, standard of review, giving...
China's National Security
All states are challenged by the need to protect national security while maintaining the rule of law, but the issue is particularly complex in the China–Hong Kong context. This timely and important book explores how China conceives of its national security and the position of Hong Kong. It considers the risks of introducing national security legislation in Hong Kong, and Hong Kong's sources of resilience against encroachments on its rule of law that may come under the guise of national security. It points to what may be needed to maintain Hong Kong's rule of law once China's 50-year commitment to its autonomy ends in 2047. The contributors to this book include world-renowned scholars in co...
Critical Debates on Counter-Terrorism Judicial Review
An examination of the debates regarding whether judicial review is an effective and appropriate way to regulate counter-terrorism measures.
Reading The Legal Case
This volume examines the nature, function, development and epistemological assumptions of the legal case in an interdisciplinary context. Using the question of ‘reading’ as a guiding principle, it opens up new ways of understanding case law and the doctrine of precedent by bringing the law into dialogue with the humanities. What happens when a legal case is read not only by lawyers, but by literary critics, by linguists, by philosophers, or by historians? How do film makers and writers adapt and transform legal cases in their work? How might one interpret fiction in the context of the historical development of the common law? The essays in this volume test the boundaries of the legal case as a genre by inviting perspectives from other disciplines, and in doing so also raise more fundamental questions of what constitutes law and legal thinking. This book will be of interest to anyone seeking a better understanding of the common law, the humanities, and the intersection between them.
The Concept of Proportionality in Public Law
Proportionality is a German, and thus continental European, concept in public law that is applied by both the Court of Justice of the European Union (CJEU) and the European Court of Human Rights (ECtHR). The principle specifies that measures adopted by executive authorities should not exceed the limits of what is appropriate and necessary in order to achieve legitimate objectives in the interest of the public. Using a functional comparative approach, this book evaluates the extent to which proportionality has been integrated into the English and Hong Kong judicial systems by comparing case law in these courts with that of the CJEU and the ECtHR. The text also reviews the development of proportionality and presents a topical understanding of why its adoption and application have encountered difficulties, particularly regarding socio-economic rights, in some jurisdictions, such as the United Kingdom and Hong Kong. Written by a scholar with experience from both within the Hong Kong judicial system and from international research, this book is the first all-encompassing reference for legal practitioners worldwide.
Understanding Administrative Law in the Common Law World
A new framework for understanding contemporary administrative law, through a comparative analysis of case law from Australia, Canada, England, Ireland, and New Zealand. The author argues that the field is structured by four values: individual self-realisation, good administration, electoral legitimacy and decisional autonomy.
A Case for Shareholders' Fiduciary Duties in Common Law Asia
Reconceptualises the general meeting, controlling shareholders and institutional investors as fiduciaries in four leading common law Asian jurisdictions.
Constitutionalism in Context
A broad-ranging, interdisciplinary, and context-rich exploration of the fields of constitutional studies and comparative constitutional law for research and teaching.
Writing the Global Riot
The history of the modern riot parallels the development of the modern novel and the modern lyric. Yet there has been no sustained attempt to trace or theorize the various ways writers over time and in different contexts have shaped cultural perceptions of the riot as a distinctive form of political and social expression. Through a focus on questions of voice, massing, and mediation, this collection is the first cross-cultural study of the interrelatedness of a prevalent mode of political and economic protest and the variable styles of writing that riots inspired. This volume will provide historical depth and cultural nuance, as well as examine more recent theoretical attempts to understand ...
A Special Standing in the World
The history of the Faculty of Law at HKU is in many ways the history of the law in modern Hong Kong. Founded in 1969, the Faculty has helped transform a colonial legal backwater into a flourishing jurisdiction, in which Hong Kong maintains its common law system as a special administrative region of the People’s Republic of China. The Faculty has played a vital part in fostering a legal profession firmly rooted in Hong Kong, functioning in both Chinese and English. Its early teachers pioneered scholarship on Hong Kong law. Its graduates now make up over half of Hong Kong’s Judiciary and legal profession. Over the years the Faculty has earned worldwide recognition as a centre of research i...
