正At the invitation of the Ministry of Foreign Affairs of Israel, Grand National Assembly of Turkey (TBMM) and Delhi Study Group of India, a delegation of the Chinese Association for International Understanding (CAFIU...正At the invitation of the Ministry of Foreign Affairs of Israel, Grand National Assembly of Turkey (TBMM) and Delhi Study Group of India, a delegation of the Chinese Association for International Understanding (CAFIU) headed展开更多
Major Initiatives of 2015A.We made new strides in key areas of legislation The law is of great value in the governance of a country,and good laws are a prerequisite for good governance.Focusing on the key task of rais...Major Initiatives of 2015A.We made new strides in key areas of legislation The law is of great value in the governance of a country,and good laws are a prerequisite for good governance.Focusing on the key task of raising the quality of legislation,we channeled great effort into advancing legislation in key areas.Large in number,展开更多
This paper offers an analysis of the approaches employed in the three interpretations of the Basic Law of the Special Administrative Region of Hong Kong by the Standing Committee of the National People＇s Congress （...This paper offers an analysis of the approaches employed in the three interpretations of the Basic Law of the Special Administrative Region of Hong Kong by the Standing Committee of the National People＇s Congress （NPC） after the return of Hong Kong to China, including textualism, structural reading and originalism. The paper stresses the application of jurisprudential theory in the skilful employment of these methods in the NPC interpretations. In the case of ＂the right of abode＂ in Hong Kong the differences between the interpretations by the Court of Final Appeal of Hong Kong and by the NPC rest mainly in whether a formalist procedural review or a substantivist presumption of intent should be adopted in the process of determining an authoritative text that embodies the original intention of the legislation. That is not just a difference of legal interpretation but also one of jurisprudential theory and political stance. Based on the above considerations, this paper criticizes the common misconception that it is not appropriate for legislators to undertake legal interpretation, and calls for an understanding of the Basic Law in the framework of Chinese constitutional government.展开更多
文摘正At the invitation of the Ministry of Foreign Affairs of Israel, Grand National Assembly of Turkey (TBMM) and Delhi Study Group of India, a delegation of the Chinese Association for International Understanding (CAFIU) headed
文摘Major Initiatives of 2015A.We made new strides in key areas of legislation The law is of great value in the governance of a country,and good laws are a prerequisite for good governance.Focusing on the key task of raising the quality of legislation,we channeled great effort into advancing legislation in key areas.Large in number,
文摘This paper offers an analysis of the approaches employed in the three interpretations of the Basic Law of the Special Administrative Region of Hong Kong by the Standing Committee of the National People＇s Congress （NPC） after the return of Hong Kong to China, including textualism, structural reading and originalism. The paper stresses the application of jurisprudential theory in the skilful employment of these methods in the NPC interpretations. In the case of ＂the right of abode＂ in Hong Kong the differences between the interpretations by the Court of Final Appeal of Hong Kong and by the NPC rest mainly in whether a formalist procedural review or a substantivist presumption of intent should be adopted in the process of determining an authoritative text that embodies the original intention of the legislation. That is not just a difference of legal interpretation but also one of jurisprudential theory and political stance. Based on the above considerations, this paper criticizes the common misconception that it is not appropriate for legislators to undertake legal interpretation, and calls for an understanding of the Basic Law in the framework of Chinese constitutional government.
