Preface
Acknowledgements
Abbreviations
Table of Cases
Table of Legislation
Part 1: Introduction and Background to the Study
Chapter 1 Concerns and Organization
Chapter 2 The Multifaceted Basic Law and Its Assumed Purpose
Chapter 3 The Background of Concepts
3.1 One Country, Two Systems
3.2 High Degree of Autonomy
3.3 Executive-Led Government
3.4 Separation of Powers
3.5 Independent Judicial Power and Judicial Review
Part 2: The Pioneering Judicial Voyage: 1997–2013
Chapter 4 1997–1998: Introspective Institutional Clarification
Chapter 5 1999: The Triumph, Tragedy and Restarting of Constitutional Assertiveness
Chapter 6 2000–2001: Demonstrating the Common Law Approach
Chapter 7 2002–2003
7.1 Mopping up Right of Abode Cases and Delimiting Constitutional Adjudication
7.2 The Hot and Sickly Days
7.3 Past and Finality
Chapter 8 2004–2005
8.1 Appeals Solely for Resolving Public Law Questions
8.2 A Judicially Inspired NPCSC Interpretation?
8.3 Formulating the Proportionate Response
Chapter 9 2006: A Significant Year
9.1 Blazing Trails for Direct Challenges to Primary Legislation
9.2 Judicial Power, Access to the Courts and Remedies
9.3 Deference to the Legislature Re-examined
9.4 Where the Basic Law Does Not Generate Rights
Chapter 10 2007–2008: The Courts of Judicature under the Separation of Powers of the Basic Law
Chapter 11 2009–2010: An Unexpected Transitional Period
Chapter 12 2011–2013: The Gathering Politicization of the Judicial Process
12.1 The Hong Kong-Zhuhai-Macao Bridge Case
12.2 The Democratic Republic of the Congo Case
12.3 The Evangeline Banao Vallejos Case & Others
12.4 The Delayed Backlash, in the Maternity Wards, against the Chong Fung Yuen Case
Chapter 13 The Judicial Review Phenomenon and the Fundamental Choice
Part 3: The HKSAR Courts" Vulnerable Judicial Supremacy
Chapter 14 The Jurisprudence that Constitutes the Claim and Initial Observations
Chapter 15 Mainland Scholarship Questions HKSAR Judicial Review of Legislation
Chapter 16 The Practice in the Courts of the Macao Special Administrative Region
Chapter 17 In Defence of Judicial Review of Legislation by the Courts of the HKSAR: Supplementing an Under-theorized Exposition
17.1 Articles 17 and 160 of the Basic Law
17.2 Hong Kong Courts" Inherent Judicial Power of Review of Legislation before 1 July 1997: The Common Law Courts in a Written Constitutional Setting
17.3 Distinguishing Marbury v Madison
17.4 The Article 84 Filter
Chapter 18 Conclusion: Arguably Less Vulnerable, Barring Local Politics
Part 4: The Intra-SAR Relationships: The Executive, the Legislature and the Judiciary
Chapter 19 The Declaratory Judgment in Exercise of Constitutional Jurisdiction and Its Enforcement beyond the Four Walls of the Court
19.1 The Theoretical Dimension: The Dichotomy of Individual Effect and General Effect
19.2 The Empirical Dimension: The Compliance Record of the Political Departments of the HKSAR
Chapter 20 Justiciability and Political Questions
Chapter 21 Justification and Deference: The Proportionality Analysis
21.1 The Adoption of Proportionality Analysis in Hong Kong Bill of Rights Adjudication
21.2 The Continued Application of Proportionality Analysis in Basic Law Adjudication: Changes and Developments
21.3 The Reliance of the United Kingdom Approach in Proportionality Analysis
21.4 The Proliferation of Proportionality Analysis in Judicial Decision Making
21.5 The Utilization of the Language of Deference in Adjudication
21.6 The Dialectic of Proportionality Analysis: Using Deference as a Counterweight to Justification
Chapter 22 Remedies Following Constitutional Adjudication
22.1 Developing Constitutional Remedies in the HKSAR
22.2 Developing Remedies, Developing Judicial Power
22.3 A Certain Regard to the Legislature When Modifying Legislation
22.4 Suspension of Declaration of Invalidity of Legislation
22.5 What Price Constitutional Remedies?
Chapter 23 Procedural Reactions to the Judicial Review Phenomenon
23.1 Legal Mobilization in Hong Kong: The Strategic "Test Case", the Tactical Loudspeaker and the Ubiquitous Legal Aid
23.2 The Judicial Response: Retreat to Procedure?
23.3 The Re-calibration of the Procedural Framework: Signalling to Whom?
Chapter 24 Managing the Political Risk of Judicial Review: Strategic Judging within the HKSAR
Part 5: The Central-SAR Relationship
Chapter 25 Introduction
Chapter 26 Article 19 of the Basic Law of the HKSAR
Chapter 27 Article 158 of the Basic Law of the HKSAR
27.1 The Court of Final Appeal"s Approach on Judicial Reference
27.2 The European Preliminary Ruling Procedure: A Mechanism for Legal Integration
27.3 Intra-national Comparables
27.4 The Strategems of Autonomy
27.5 Rethinking Judicial Reference: Towards Constitutional Atrophy or Seizing the Constitutional Initiative?
Chapter 28 Article 18 of the Basic Law of the HKSAR
Chapter 29 Articles 20, 21, 22, 48(8) and 131 of the Basic Law of the HKSAR
Chapter 30 Article 159 of the Basic Law of the HKSAR
Chapter 31 "Second-best" Constitutionalism
Part 6: Reconstructing the Judicial or Judicial Reconstruction
Chapter 32 The Challenge of the "Second Founding"
32.1 The Basic Law as "Constitution-making by Outsiders"
32.2 The "Second Founding" of the HKSAR by the Judicial Construction of the Basic Law
32.3 Ng Ka Ling Vanishing?
32.4 Internationalizing Jurisprudence
32.5 The Challenge of Indigenization
32.6 The Challenge of Popular/People"s Constitutionalism
32.7 One"s Own Compass
Bibliography
Appendix: Excerpts of the Basic Law of the HKSAR
Index
