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在司法能动与司法节制之间——香港法院本土司法审查技术的观察 = An Observation for Hong Kong Courts’ Judicial Review / 秦前红；付婧.
// Wuhan Universiy Journal. 2015, Vol. 68.
// 武汉大学学报. 哲学社会科学版g2015, 第68卷. 106-115 p. Early in the era of Bill of Rights,Hong Kong courts had reviewed legislation stringently and then tended to respect executive,legislature branches in policy formulation.Later in the era of Basic Law,agrowing number of administrative and legislative action can be challenged with Basic Law inconsistently and even political,economical and social issues which should not be seen as judicial issues have sprung up.Hong Kong courts continue with judicial activism of human rights protection,but in the face of cases of economy,society,culture and politics,Hong Kong courts have developed the judicial restraint based on technical rationality in order to preserve the rule of law in HKSAR.It is foreseeable that Hong Kong courts will still clarify the limits of judicial power and avoid involvement in highly political controversy,in order to abide the role of courts in base of the common law.
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