Introduction “One country, two systems” is an important formula that symbolized the stage of socialist modernization of Chinese Government. The Basic Law is one of the products produced under such kind of ideology. According Article 11 in the Law; “the systems and policies practiced in the Hong Kong Special Administrative Region including the social and economic systems, the system for safe-guarding the fundamental rights and freedoms of its residents, the executive, legislative and judicial systems and relevant policies, shall be based on the provisions of the law. No law enacted by the legislature of Hong Kong Special Administrative Region shall contravene this law.” In other words, the Basic law is more superior in comparison with other laws in Hong Kong.
In the essay, the arrangement of the law and the rationale behind will be focused. Conclusion and limitation of the law are added at the end of this essay.
Key structure of Basic Law Basic Law is a principal source of laws in Hong Kong. It is also an agreement between both China and UK. Starting from the Preamble, which explain why Basic Law is enacted.
“Hong Kong has been part of China’s territory since ancient times, but it was occupied by Britain after Opium War in 19 Dec 1984, the Chinese and British government signed the Joint Declaration on the question of Hong Kong, affirming the Government of People’s Republic of China will resume the exercise of sovereignty over Hong Kong on 1 July, 1997….” In order to
Thus, another difference between the constitution between China and the United States is the structure of each government. In China, the power is held in the hands of people, as the first article of China’s constitution mentions that “All power in the People's Republic of China belongs to the people.”, and in those of elected people in National People's Congress and the local
At its most fundamental level the standard of law is the idea that both the legislature and public community know the
Under the Civil Law system, the laws are written and codified that the judges have to follow verbatium. Whereas, under the common law system that is followed by Australia, India and the United Kingdom, the laws are codified, doctrine of precedents is followed but the higher courts have the power to over-rule old judgements and existing law in cases where the law breaches the basic structure. (Peterson)
concentrates that law is purely used to promote good by the state. Furthermore, law should
Belief systems are philosophies or religions that influence people’s lives. Many philosophies throughout the history of China have greatly influenced the daily lives of it’s people. Chinese philosophies held many important beliefs that both positively and negatively impacted the daily lives of China’s people. Two examples of these philosophies and their impact on the people of China’s daily lives are Legalism during the Ch’in dynasty, and Confucianism during the Han Dynasty.
Legalism is an ancient Chinese philosophy of administration that believes that humans are more inclined to do wrong than right because they are motivated entirely by self-interest. Shi Huangdi was the founder of the Qin dynasty. After conquering the seven kingdoms in ancient China, he halted the Warring States Period and took the throne as the first emperor of the unified Chinese nation. He ruled on the basis of Legalism. To prevent criticism of his rule, Shi Huangdi ordered that all books that seemed to be useless or against him be burned. This included all poetry from the Chou dynasty and all books written by Confucian scholars. The only books from previous eras that Shi Huangdi let off were the practical ones about medicine and farming. Focusing on the issue of media censorship, the current Chinese government governs in a similar way to the way Qin Shi Huangdi once governed. China still blocks and monitor citizens access to several social media services and shuts down media entertainment programs during government events. While some may see this as an extreme form of censorship, we must consider the fact that several other countries have similar policies in place.
In both China and the United States, the judicial system is composed of courts that contain several different levels. However, there is a basic structural difference between the Chinese and American legal systems. In America, the three branches of government are supposed to be separate, so that the court system is supposed to be beyond party politics and partisan antics. This separate system of checks and balances does not exist in China. On the contrary, the judicial branch is not independent. It is meant as an extension of the government, and therefore of the single political party with any power in China. The distinction between American judicial independence and Chinese judicial dependence may be one of the most critical differences between the two systems because the American judicial branch is meant to act as a check and balance with the other systems, while China's three-part system has the same branches but lacks the same independence.
Constitution. These laws would happen to fluxuate between lenient and strict depending on the current events of a specific country or nation.
The main focus of this essay will be to examine the reasons behind the laws that
(Larsson, 1997). Would Hong Kong’s role as a door to China strengthen with the liberation?
problems but must actually give the ways in which the laws will deal with the problems. Now,
Who created the Chinese population law Moe’s it was a voluntary program, and so there were no penalties if couples had more than two
Legalism is a philosophy that dates back to the fourth and third centuries BCE. Of the many philosophies among the Hundred Schools of Thought developed during the Zhou Dynasty, it was the philosophy of Legalism that rose to unite the different dynasties during the Warring States Era. Legalist ideology, which was implemented in the government of The Qin Dynasty was used to create a strong government that took control and led the people. As China developed in the 20th and early 21st century, the government took the word “control” to a whole new level utilizing its Legalist ways to regulate what its people could and could not say in the media and to block vital information from them. What was at first a way to unite China’s people, evolved into
In this essay we will discuss the process of legal research, writing, and analysis. The subject matter will be presented in a clear, concise and objective manner. The textbook that we will be referencing is "Gilbert Law Summaries: Legal Research, Writing, and Analysis" 10th ed, BarBri Group, 2006.
And so it helps the Government in formulating suitable laws. In pursue its economic and social policies for e.g. law and legal propositions are not find or absolute. They are in the state of becoming. Accepted norms or principles whether statutory or as principle of justice, equity and good conscience are applied again and again to test its voracity or