Enquiry Questions
1. In what ways does the rule of law protect rights and promote the observance of responsibilities among Hong kong residents?
2. How can we maintain the high level of rule of law in Hong Kong?
3. How can the government strike a balance between personal and public interests while abiding by the rule of law?
Key Concepts
Superiority Supremacy of law
Equality before law
Judicial independence
Fair and open trial
Right to appeal
Protection of individual rights
Restrictions on government power
Separation of power
Check and balance
Rule of law
Rule by law
Rule of man
Existence of law
Rule in accordance with law
Regulation by law
Justice through law
Core values of Hong Kong
Definition of Rule of Law
A system in which the law is set up in accordance with people's will
Law: the highest standard and norm in maintaining social operation and public order
No behavior can be restricted without legal justification (ensuring the exercise of human right, socio-political participation) in a society embracing the rule of law
Social harmony and stability can be maintained, while abuse of power can be avoided
Rule of law is a necessary condition for high quality of life and prosperity
Four levels/ Stages of the Rule of Law (Proposed by Tai Yiu-ting)
Existence of law
Society needs a comprehensive legal system
The law = basis for implementing the rule of law
Government may not rule in accordance with law
Rule in accordance with law
The law is used as the major tool of governance
Concerns: Government can have arbitrary actions by setting a law by their own --> people rights may be infringed
Regulation by law
The law as a means of preventing the government from power abuse (X privilege in front of law)
A democratic political system facilitates the rule of law
Separation of powers and checks and balances
Equality before law
Justice through law
Achieving social justice by implementation of the law
The law should protect freedoms of speech, of association of assembly, etc.
Ensure a fair and just resource allocation
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