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Research On The Relationship Between Hong Kong SAR's Administration And Legislation

Posted on:2021-04-17Degree:MasterType:Thesis
Country:ChinaCandidate:H Z ZhengFull Text:PDF
GTID:2436330623967082Subject:International politics
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The Hong Kong Special Administrative Region(HKSAR)has established its power-exercising mechanism according to the Basic Law since it officially returned to China,which is the mutual restriction and coordination of the administration and legislation,with the administration as the dominant and the judiciary as the independent.It has been proved the executive-led system has largely guaranteed prosperity and stability of Hong Kong.However,the authority of Hong Kong government is attacked recently because of the imperfections of the Basic Law and the changing political environment in Hong Kong,causing worsened relationship of the administration and legislation of HKSAR.And the executive-led system is under challenging.The powerexpanding of the Legislative Council is one of contributors of worsening relationship of the administration and legislation.The power-expanding of the legislation is not only contrary to the legislative intent of the Basic Law,the constitutional document of Hong Kong,but also caused damages to the power system built by it,leading to the structural power tensions of HKSAR.The political system of the HKSAR is the executive-led system.The administration and legislation should interact within the system built by it,while actually the interaction has been out of the framework.The legislators expand their rights by deliberate misinterpretation of the Basic Law and exercising the power illegally to affect the executive-led system.The institutional contradictions of legal provisions,the legitimacy of the Chief Executive and the historically inherited shortcomings of legal provisions provide the basis for the expansion of the Legislative Council.To improve the relation of the administration and legislation,several measures should be taken.Firstly,promotion of social consensus is a vital way to dispel mass sentiment of antiestablishment.Secondly,it is necessary to conduct the constitutional review on relevant legal articles and repair the grey area of the Basic Law.Thirdly,as response to the raising awareness of democracy in Hong Kong,the political reform should be conducted smoothly and orderly.Additionally,Face challenges,then learn by experience and perfect the institutions will not only effectively improve the relation of the administration and legislation,but also maintain and highlight the executive-led system,thus promote a better interaction of the two parts.
Keywords/Search Tags:The Executive-led System, The Relations of the Administration and Legislation, The Legislative Council of Hong Kong, The Power Expanding
PDF Full Text Request
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