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7 results

  • 4 - Legal Imperialism and Institutions

  • Olufunmilayo B. Arewa, Temple University, Philadelphia
  • Book:
    Disrupting Africa
    Published online:
    19 July 2021
    Print publication:
    29 July 2021, pp 93-139

  • Summary

    Chapter 4 analyzes the operation of colonial legal structures and looks at implications of parallel customary and English law frameworks put in place in contexts of legal imperialism in British colonies. This chapter also explores structures of government, separation of powers, and the construction of legislative, judicial, and executive branches during colonialism. The colonial executive power was largely unconstrained, which has contributed to structural problems in the organization and operation of postcolonial governmental structures that carried over from colonialism to a significant degree. The implications of these structures for postcolonial rule in Nigeria are also examined.

  • 6 - The Process of Legislation

  • Stefan H. C. Lo, Kevin Kwok-yin Cheng, The Chinese University of Hong Kong, Wing Hong Chui, City University of Hong Kong
  • Book:
    The Hong Kong Legal System
    Published online:
    21 December 2019
    Print publication:
    19 December 2019, pp 183-199

  • Summary

    This chapter discusses how laws are made in Hong Kong by studying the process of legislation. Issues are discussed surrounding how the Basic Law limits the scope of certain legislation and who has the authority to create legislation. Readers are taken through the step-by-step process of lawmaking in Hong Kong from the proposal to how a bill achieves status as law in Hong Kong. Both the passage of primary legislation and secondary legislation are illustrated. The interactions and balance between branches of government and between governments (the HKSAR and the PRC) are exemplified in the process of legislation.

  • 1 - Introduction and Overview

  • Stefan H. C. Lo, Kevin Kwok-yin Cheng, The Chinese University of Hong Kong, Wing Hong Chui, City University of Hong Kong
  • Book:
    The Hong Kong Legal System
    Published online:
    21 December 2019
    Print publication:
    19 December 2019, pp 1-33

  • Summary

    The first chapter outlines the aims of the book, which is to provide an introduction to the Hong Kong legal system especially for first-year law students, but also for students of other disciplines, and practitioners and scholars from other jurisdictions who are looking for a comprehensive and user-friendly overview of Hong Kong’s legal system. It also highlights the key elements of that system, discussing its rules and principles, namely the rule of law, separation of powers and the independence of the judiciary, as well as legal institutions and legal personnel. This chapter traces the historical development of Hong Kong’s legal system, from the acquisition of Hong Kong by the British and the importation of English law (including common law) into colonial Hong Kong to the transfer of sovereignty of Hong Kong to the People’s Republic of China (PRC) in 1997 and the present-day legal framework under ‘one country, two systems’.

  • 4 - Colonial Origins of Parliaments in Kenya and Zambia

  • Ken Ochieng' Opalo, Georgetown University, Washington DC
  • Book:
    Legislative Development in Africa
    Published online:
    17 June 2019
    Print publication:
    20 June 2019, pp 99-131

  • Summary

    To explore the mechanisms behind the observed variation in legislative institutionalization and strength in Africa, this chapter provides a comparative historical study of legislative development in Kenya and Zambia. Both countries’ colonial Legislative Councils (LegCo) had a common Westminster origin and were dominated by European immigrants. However, contingencies of political development in the late colonial period put the two countries’ postcolonial legislatures on different trajectories of institutional development. First, colonial restriction of cross-ethnic political mobilization in Kenya produced district-cum-ethnic parties. Its independence party (KANU) was therefore little more than a confederacy of ethnic parties. In Zambia, urbanization in the Copperbelt created the social infrastructure to support mass politics under UNIP. KANU’s weakness enabled the Kenyan legislature to function as the main arena for intra-elite politics and the sharing of governance rents. In Zambia, UNIP’s organizational strength crowded out the legislature, relegating it to a mere constitutional conveyor belt of the party’s policies. Second, the two countries differed on the nature of interracial politics. Interracial discord in Zambia resulted in extra-institutional nationalist politics. Kenya’s nationalist political development took place largely within the LegCo. As a result, independence brought institutional legislative discontinuity in Zambia and continuity in Kenya.

  • 23 - Subsidiary Legislation

  • from Part IV - Judicial Remedies, Non-Judicial Remedies and Subsidiary Legislation
  • Stephen Thomson, City University of Hong Kong
  • Book:
    Administrative Law in Hong Kong
    Published online:
    12 December 2018
    Print publication:
    11 October 2018, pp 352-364

  • Summary

    This chapter discusses subsidiary legislation, in other words legislation made by a person or body other than the Legislative Council. It provides an overview of enactment and publication requirements, scrutiny by the Legislative Council, judicial review of subsidiary legislation and the legal status of administrative rules, departmental circulars and memoranda. It includes discussions of controversies including the subsidiary legislation made under the United Nations Sanctions Ordinance and the status of the Country Park (Designation) (Consolidation) (Amendment) Order 2010.

  • ELECTORAL FORMULA AND FRAGMENTATION IN HONG KONG

  • John M. Carey
  • Journal:
    Journal of East Asian Studies / Volume 17 / Issue 2 / July 2017
    Published online by Cambridge University Press:
    17 February 2017, pp. 215-231
    Print publication:
    July 2017
    • Article
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  • The directly elected representatives to Hong Kong's Legislative Council are chosen by list proportional representation (PR) using the Hare Quota and Largest Remainders (HQLR) formula. This formula rewards political alliances of small to moderate size and discourages broader unions. Hong Kong's political leaders have responded to those incentives by fragmenting their electoral alliances rather than expanding them. The level of list fragmentation observed in Hong Kong is not inherent to PR elections. Alternative PR formulas would generate incentives to form broader, more encompassing alliances. Indeed, most countries that use PR employ such formulas, and the most commonly used PR formula would generate incentives opposite to HQLR's, rewarding broader electoral alliances rather than divisions.

  • National Constitutional Concepts in the New Constitution for Europe

  • Jacques Ziller
  • Journal:
    European Constitutional Law Review / Volume 1 / Issue 3 / October 2005
    Published online by Cambridge University Press:
    20 October 2005, pp. 452-480
    Print publication:
    October 2005

  • Precedents in European Union member states for the negative referenda in France and The Netherlands on the Constitution for Europe. Evolution of the investiture of the Commission: parallel with France under Third and Fourth Republic. Double headed executive (President of the European Council and President of the Commission) and ‘double hats’ (Union Minister for Foreign Affairs) in line of the European constitutional tradition. The unborn ‘Legislative Council’ and its Austrian and German counterparts. The aborted ‘Congress of the Peoples of Europe’: forum for ‘State of the Union’ speech, not a electoral body. Protection of minority rights in the Constitution for Europe due to insistence of the Hungarian government; foreign to the dominant Western constitutional concepts. Representative democracy and the formal concept of law: European Laws and Framework Laws as ‘Acts of Parliament’. Strict limits on the possibility to delegate legislation: German, Italian, French roots. European Laws and Regulations: unachieved hierarchy and French precedent. Judiciary as a relative minor branch of government as in the British and French traditions. No German Verfassungsbeschwerde or Spanish recurso de amparo, but probably more annulment procedures and preliminary questions on legality and constitutionality than before. Parallels with German federal concepts: Union Law über Alles; no rigid Kompetenzkatolog and joint competences; distribution of competences not limited to law-making. More than lip service to decentralisation. Constitutional ping-pong and intertwined constitutionalism: territories d'outre- mer and outermost regions.