Between Politics And Judiciary: The Mechanism Of The Judicialization Of Politics In Hong Kong

From the perspective of the mechanism of the judicialization ofpolitics, this article explains the extremely active phenomenon of thejudicialization of politics in Hong Kong. The mechanism is studied on thebackground of the American mode in four parts: the power, theappointment of the judges, the justiciability and the trial of thejudicialization of politics. It concludes that the power which lackschallenge from other authorities being steady, the appointment of thejudges being depoliticized, the channels of political issues into courts beingnumerous and the option to intervene in the political issues are more or lesscontributory. The mixture of the fact that the Hong Kong courts are able torefer to external cases and literatures, the composition of the tribunal andthe public opinion or the factors which influence the public opinion has ledto the judicial activism and the political face of the Hong Kong courts.