Book contents
- Judicial Review of Administrative Action across the Common Law World
- Judicial Review of Administrative Action across the Common Law World
- Copyright page
- Contents
- Contributors
- Foreword
- Acknowledgments
- Table of Cases
- Table of Legislation
- Abbreviations
- Part I Introduction
- Part II Origins and Adaptations of Judicial Review in England
- Part III Origins and Adaptations in the British Isles
- Part IV Origins and Adaptations in North America and Canada
- Part V Origins and Adaptations in the Middle East and Africa
- Part VI Origins and Adaptations in Asia
- 12 The Evolution of Administrative Law in Singapore
- 13 Indigenous Interactions
- 14 English Administrative Law in Post-Handover Hong Kong
- 15 Deconstitutionalising and Localising Administrative Law in India
- 16 Decolonizing Administrative Action
- Part VII Origins and Adaptations in Australasia
- Part VIII Conclusion: Interrogating “Common Law” Approaches to Judicial Review
- Index
14 - English Administrative Law in Post-Handover Hong Kong
from Part VI - Origins and Adaptations in Asia
Published online by Cambridge University Press: 19 March 2021
- Judicial Review of Administrative Action across the Common Law World
- Judicial Review of Administrative Action across the Common Law World
- Copyright page
- Contents
- Contributors
- Foreword
- Acknowledgments
- Table of Cases
- Table of Legislation
- Abbreviations
- Part I Introduction
- Part II Origins and Adaptations of Judicial Review in England
- Part III Origins and Adaptations in the British Isles
- Part IV Origins and Adaptations in North America and Canada
- Part V Origins and Adaptations in the Middle East and Africa
- Part VI Origins and Adaptations in Asia
- 12 The Evolution of Administrative Law in Singapore
- 13 Indigenous Interactions
- 14 English Administrative Law in Post-Handover Hong Kong
- 15 Deconstitutionalising and Localising Administrative Law in India
- 16 Decolonizing Administrative Action
- Part VII Origins and Adaptations in Australasia
- Part VIII Conclusion: Interrogating “Common Law” Approaches to Judicial Review
- Index
Summary
Prior to the handover, English principles of judicial review and caselaw were highly influential – and indeed, where relevant, binding - in colonial Hong Kong. This chapter first starts by tracing the influence of these principles on the colonial administrative order. It then proceeds to examine the continued relevance or applicability of English law following the Handover to China. It notes that the Hong Kong courts continue to draw considerably from English precedent in the construction of judicial review principles in the territory. However, there has also been a marked rise in the courts drawing from other epistemic communities in the definition and application of public law norms, so as to more appropriately reflect Hong Kong’s indigenous values and circumstances. This conceptual shift reflects the reality that it is the ‘common law of Hong Kong’ which prevails in Hong Kong after the Handover not the ‘common law of England’, thereby leading to a much richer use of comparative administrative law than existed during colonial times.
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- Judicial Review of Administrative Action Across the Common Law WorldOrigins and Adaptation, pp. 255 - 272Publisher: Cambridge University PressPrint publication year: 2021