JHAVERI Swati Suryakant

Research Projects


  • Source of the Hong Kong Courts’ Power to Rule on the Compatibility of Primary & Secondary Legislation in Hong Kong with Civil Rights Contained in the Basic Law of Hong Kong
  • JHAVERI Swati Suryakant
    28 November 2006
    Student Campus Work Scheme - Chiap Hua Chen's Foundation Fund

    This research project develops a theory of the idea of “judicial power” as contained in Article 80 of the Basic Law of Hong Kong in the specific context of the courts’ power to rule on the compatibility of legislation with rights contained in the Basic Law. Since 1997, the Basic Law has provided a source of rights in Hong Kong and in recent years the courts have increasingly used those rights to rule on the constitutional validity of legislation. This includes adjudications in contexts where there has been no concrete government decision under the relevant legislation. The source of the courts’ power to exercise this form of abstract norm control is relevant to an increased understanding of the separation of powers between, inter alia, the legislature and the judiciary and the overall institutional structure that is relevant to giving effect to rights contained in the Basic Law. In carrying out such adjudications, the courts themselves have relied on the “judicial power” they have under Article 80 of the Basic law. This project evaluated this judicial justification with a view to developing a theory of the idea of “judicial power” that provides guidance on what may be an appropriate role for the judiciary in relation to such abstract normal control. (LL06920)



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