There are three main alternative courses to deal with the issue. Hereby‚ I shall evaluate the feasibility of them in light of their implication on (i) Hong Kong’s constitutional framework and; (ii) the survival of rule of law and separation of powers in Hong Kong. The three different courses are namely‚ 1. Judicial review and thus reconsideration of the Court of Final Appeal’s (CFA) ruling in Director of Immigration v. Chong Fung-yuen1‚ 2. National People’s Congress Standing Committee’s
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their government. Everybody from the States could have a say in this‚ and all agree equally to guarding against tyranny. Tyranny is a government in which a single ruler is vested with absolute power. The Constitution had guarded against tyranny in four different ways which were Federalism‚ Separation of powers‚ Checks and balances and Big states vs small states The beginning guard against tyranny was Federalism‚ which is a political concept in which a group of members are bound together by covenant
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fundamental principles underlining the government would be the separation of powers. This separation of powers outlines the numerous powers and functions of the government by dividing them into separate independent levels and branches of the federal government. The Founders believed that by creating separate branches of government‚ it would help limit the powers of the national government and prevent tyranny. Therefore‚ the legislative branch has power‚ under the Constitution‚ to make laws. The executive branch
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Chapter-I DOCTRINE OF SEPARATION OF POWER A) Meaning of Separation of Powers The doctrine of separation of powers implies that there should be three separate organs of government with their separate sets of functions and powers. In other words‚ it implies that the three organs of government should be kept apart from each other in interest of individual liberty. The functions of the government should be differentiated and performed by different organs consisting of different bodies of persons
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abuse their powers and become an oppressive ruler. When writing the Constitution‚ the framers had to guard against tyranny while still keeping the states united. The Articles of Confederation did not have a strong central government‚ so a new plan was needed that continued to give power to the states‚ but also gave power to the central government. The systems in the United States’ plan of government protect against tyranny through federalism‚ separation of powers‚ and balance of powers. First‚
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create a democracy by which the United States was governed to protect against tyranny (cruel or unjust powers). Before the Constitution‚ under the Articles of Confederation‚ there was no chief executive or leader‚ no court system‚ and there wasn’t even a way for the central government to force a state to pay taxes. So‚ how did the Constitution guard against tyranny? Federalism‚ separation of powers‚ checks and balances‚ and big states v. small states are all ways that protect the people of the United
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strong state governments‚ and a separation of powers. When he came to office‚ he proved to the citizens of the United States that one’s views may easily be swayed when crucial political decisions are needed to be made. Thomas Jefferson contradicted his previous views as a Democratic-Republican by his decisions made through a loose interpretation of the Constitution‚ his failure to act in the best interest of the majority‚ and his violation of the separation of powers‚ proving to the people of the United
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the supremacy of constitution which stated in the constitution implied the division of power has been upheld. For example‚ Mabo case no.1 1988 state that Coast Island Declatory Act 1985 has a conflict with Racial Discrimination Act 1975 to protecting their land’s right. By using section 109‚ the division of power upholds by
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Seperation of powers The constitutional principle that limits the powers vested in any person or institution. It divides governmental authority into three branches: legislative (Parliament or Senate)‚ executive (President or Prime Minister and the Cabinet)‚ and judiciary (Chief Justice and other judges). This principle is expressed fully in the US Constitution‚ but is used only as a guide in the UK. Read more: http://www.businessdictionary.com/definition/separation-of-powers.html#ixzz2HCkLCaUA
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Dylan Hahn Have you ever felt that someone had power over you? Well thats basically like tyranny. In 1777 ‚ the continental congress adopted a set of laws called the articles of Confederation‚ but they were ineffective. In may of 1787‚ 55 delegates in Philadelphia went to fix the problem‚ being that the government was too weak. But they didn’t want to make it too strong that the government could become a tyranny. Tyranny is when a harsh‚ absolute power lies in one person who acts like a dictator. The
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