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On the relationship between the executive and the Legislative Council in Hong Kong Special Administrative Region

Author: JiangYang
Tutor: DongMaoYun
School: Fudan University
Course: Legal
Keywords: Hong Kong Basic Law Executive Council Legislative Council Executive-led System
CLC: D921.9
Type: Master's thesis
Year: 2011
Downloads: 146
Quote: 0
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Abstract


The brightest characteristic of the Political system elaborated for SAR by Hong Kong Law is the mutual restriction and mutual coordination and legislation, with administration of and legislation, with administration as the dominant. But, in the political practices after the return of Hong Kong, the administrative leadership did not get a good developing platform, but received serious challenges from the Legislative Council on the contrary. Meanwhile, the legislative domination tendency was obvious day by day, especially in the key issues relating to the development of the political systems of Hong Kong. The government that should be in the powerful position actually was often in a passive and weak position. The ways to coordinate the relation between the administration and legislation and to maintain and give prominence to the administrative leadership have already become the important political and legal subject for both central government and the government of Hong Kong. The Hong Kong Basic Law pledged that it will obtain the goal election ultimately, and the general election of the Chief Executive will be true in 2017, as well as the later general election of the congressman of the Legislative Council. Those general elections, which will manifest and consolidate the administrative, will become an unavoidable issue of vital significance to the political development of Hong Kong. This paper aims to research and discuss the above issues.The paper is made up with four chapters. The first chapter mainly elaborates that the constitution and powers of the office. The second chapter mainly carries on historical review the relationships between the executive council and legislative council of SAR from such aspects, followed with the establishment and contents of the executive-led political system, the necessity of leading executive-led political system and the significances of the steady relations between the legislative council and the executive council of Hong Kong SAR.The third chapter carries on standard analysis the Hong Kong SAR practice with the executive-led political systems and the challenges which executive-led political system has to meet, according with reviewing the steady relationship between the executive council and the legislative council, the successful practices of executive-led political systems by analyzing relevant major events that influence on the relationship between the executive council and legislative council in Hong Kong SAR.In the fourth chapter, the author has a deep thought on the relationship improvement between the executive council and legislative council, according to studying the projects about coordination and conflict resolution, for maintain the system of executive-led and the aim of effective governance.The author has the idea that the relationship will be improved with the maintenance of the executive-led political system and general elections of executive chief and legislative council. The author is confident to the development of the political system of Hong Kong after his research. So long as it can face up with the reality and learn from its experience unceasingly, and by its abolishment of the disadvantages through the improvement of the systems and mechanisms, Hong Kong can fully realize the principle of the administration and legislation will step into a new harmonious stage, making contribution to the long-term prosperity and stability of Hong Kong and to the realization of the right of People of Hong Kong.

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CLC: > Political, legal > Legal > Chinese law > National law,the Constitution > Special Administrative Region Basic Law
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