Chapter 4 Why the Court of Final Appeal of Hong Kong Should Re-Assert Its Power to Review Acts of the Standing Committee

In: Comparative Constitutional History
Miguel Manero de Lemos
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While stressing the theme of ‘good faith’ and surveying the decisions and opinions of courts and scholars in Hong Kong, this article delves into the issue of interpretation of the Basic Law of Hong Kong and explains why, in the face of a breach of the Joint Declaration on the Question of Hong Kong resulting from the exercise of illegal interpretative power by the Standing Committee of the National People’s Congress, it is about time for the Court of Final Appeal of Hong Kong to forcefully re-assert its power of constitutional control over the actions of the Standing Committee.

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Comparative Constitutional History

Volume One: Principles, Developments, Challenges