Judicial review and policy making in Hong Kong: Changing interface between the legal and the political

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Abstract

The number of judicial review challenges in Hong Kong has grown rapidly in recent years, following Hong Kong’s reversion to Chinese sovereignty. Judicial review has also become an alternative means to initiate and back up political bargaining, and even to extend the political arena for agenda-setting. This article examines the role and implications of judicial review from public administration and policymaking perspectives, focusing on the two critical issues of “the politicisation of the judiciary” and “the judicialisation of politics and public policy”. It finds that the courts have been trying not to involve political arguments in judicial review. Their adjudication is still based on the legality issues rather than various political preferences, with most rulings essentially maintaining the status quo or government position. Copyright © 2006 Informa UK Limited.
Original languageEnglish
Pages (from-to)117-141
JournalAsia Pacific Journal of Public Administration
Volume28
Issue number2
DOIs
Publication statusPublished - Dec 2006

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legality
politicization
judiciary
public administration
sovereignty
Hong Kong
public policy
politics

Citation

Cheung, B. L. A., & Wong, M. W. L. (2006). Judicial review and policy making in Hong Kong: Changing interface between the legal and the political. Asia Pacific Journal of Public Administration, 28(2), 117-141. doi: 10.1080/23276665.2006.10779319