after the return of Hongkong, under our country's sovereignty, in accordance with the "one country two systems" policy, the establishment of a new constitutional order. The constitutional order is our constitution and the basic law of Hongkong. "" one country two systems "in the Hongkong Special Administrative Region practice" white paper pointed out that the Constitution and the law, constitute the constitutional foundation of the Hongkong Special Administrative Region, the constitution has the highest legal status and the highest legal effect, the basic law has the constitutional law, clarifies the relationship between the Constitution and the law, will greatly promote the correct understanding of the "one country two systems" policy and basic law.
Hongkong basic law drafting, people began to call "constitutional law". After the return of Hongkong, it was simply known as "the basic law of the constitution", and gradually in the court, in the law books, a lot of the basic law called "the constitution". However, China is a unitary state, only a constitution, administrative region can not have their own constitution; the Hongkong basic law is formulated on the basis of the constitution, there is no established "legal logic constitution" under the constitution. The basic law known as the "constitution" behind, not only to facilitate the presentation, but reflect on our constitution validity of exclusion, which, much to see Hongkong as an independent or semi independent political Cheap Womens MLB Baseball Jerseys entity of mind. To correct this tendency, must be clear about the Constitution and the basic law constitute the constitutional foundation of Hongkong, the law can not replace the constitution, only in accordance with the constitution, the regulations of the Hongkong Special Administrative Region of Cheap Pirates Jerseys the constitutional law.
the basic law of Hongkong third preambular paragraph clearly stipulates, "according to the constitution of the Republic of China, the National People's Congress enacted the basic law of the Hongkong Special Administrative Region of the people's Republic of China, the Hongkong Special Administrative Region shall implement the system, in order to ensure the implementation of the basic national policies of Hongkong." The Cheap Cardinals Jerseys basic law is formulated on the basis of the constitution, the inevitable logic is to be placed on the frame constitution to understand. We can see, after the basic law of Hongkong called the "constitution", now Hongkong society understand the basic law that the court interpretation of the basic law, may refer to the international conventions, foreign treatises, other common law jurisdictions or non common law jurisdictions case, fresh to see our constitution shadow. This out of our constitution of the basic law interpretation, the original intention of legislation inevitably and basic law further. Indeed, the basic law reservation system of common law of the original Hongkong, other common law jurisdictions may refer to precedents, but this is the Constitution and the basic law constitute the basis of constitutionalism is the premise of the specific reference, without this premise, the reference becomes "according to", to solve the China law with foreign classics, without this, "one country" Cheap Diamondbacks Jerseys from the constitutional quietly disappeared, "one country two systems" inevitable qualitative change. This is not allowed! Therefore, the only law does not speak tendency of constitution must be corrected. Only the provisions of the basic law on the constitutional framework within which to understand and implement, in order to ensure the correct implementation of the basic law.
central leaders on the issue of Hongkong's speech, and emphasizes the importance of "one Cheap Tigers Jerseys country two systems" is a >
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