The Discussion On Legislative Council Consent Right Of Judges Appointment

The right of judges appointment was set in constitutional countries, aiming to avoid the arbitrary decision on judges appointment based upon the right of the Chief Executive. Characteristics of this right include auxiliary, passive, non-political, etc. However, a certain limitation is existed that the right shall not infringe the right of nomination of the Chief Executive, not undermine the judiciary independence,and not go against to established procedures rules. In Taiwan and United States, procedures for consent for appointing judges are different, and the legislature plays a slightly diverse role in the appointment process of judges. Such circumstances are due to the non-identical political system in Taiwan and United States. Hong Kong Legislative Council's right of the appointment of judges in Hong Kong Special Administrative Region, intending to protect judicial independence, is a unique design based on the one country two system policies. Hong Kong can learn from other regions with the similar system, but should not blindly follow their provisions. To set an appropriate consent system beneficial to the development of the rule of law, Hong Kong is well advised to proceed from its reality on the basis of its political system.