Thesis (LL.M.)--University of Hong Kong, 1996. / Includes bibliographical references. Also available in print.

Thesis (Ph. D.)--University of California, San Diego, 2009. / Title from first page of PDF file (viewed October 13, 2009). Available via ProQuest Digital Dissertations. Vita. Includes bibliographical references (p. 375-400).

Thesis (Ph. D.)--University of Wisconsin--Madison, 2003. / Includes bibliographical references (p. 182-194). Also available on the Internet.

The Basic Law of the Hong Kong Special Administrative Region established the legal and judicial systems of the Hong Kong Special Administrative Region (HKSAR) of the People’s Republic of China. The courts of the HKSAR are vested under the Basic Law with the independent judicial power of the HKSAR, and are authorized to interpret the Basic Law. The common law based legal system is maintained in the new order under the Basic Law. The HKSAR courts have interpreted the Basic Law as the constitution of the HKSAR, and, using the traction provided by the constitutionalization of the Basic Law, made and filled for themselves the role of a constitutional check on the executive and legislative branches of government to ensure that they act in accordance with the Basic Law, with the constitutional jurisdiction to invalidate executive decisions and legislations found to be inconsistent with the Basic Law. This Thesis considers the exercise of judicial power in the HKSAR along three trajectories. The first tackles the challenges to the legality and legitimacy of the constitutional jurisdiction of the courts of the HKSAR to review legislations of the HKSAR, principally propounded by Mainland Chinese scholarship. The arguments set out in the most representative of such scholarship are each examined and rebutted. Nevertheless, the courts of the HKSAR are vulnerable to the exercise of the power of interpretation by the Standing Committee of the National People’s Congress (NPCSC) of certain provisions of the Basic Law touching upon the review of legislation and the adjudication of cases. The second concerns the relationship between the HKSAR courts and the coordinate branches of government of the HKSAR, namely the executive authorities and the legislature. Through an examination of the methodologies and procedures in which the HKSAR courts review legislation, it is found that they have calibrated and tempered the process of review, including the countering of justification with deference and the innovation in remedies, to palliate the effect of judicial scrutiny. The third examines the incidents where the exercise of judicial power in the HKSAR impinges upon a national law element under the Basic Law, the chief of which is the Court of Final Appeal making a reference of provisions of the Basic Law to the NPCSC for interpretation before final adjudication. The Court adopted strategies to resist the making of a reference to the NPCSC, taking a ‘second-best’ approach in limiting the effect and influence of Mainland legislative measures and legal theory in the HKSAR. It is possible for the Court to act as a last bastion of the autonomy of the HKSAR. This Thesis concludes with a cautious look at the erosive risks to the duty of the HKSAR courts to exercise constitutional jurisdiction posed by the findings above and the trend of indigenization of jurisprudence. The jurisprudence of the HKSAR must, in its own interest, stay cosmopolitan. / The Best PhD Thesis in the Faculties of Architecture, Arts, Business & Economics, Education, Law and Social Sciences (University of Hong Kong), Li Ka Shing Prize, 2010-11. / published_or_final_version / Law / Doctoral / Doctor of Philosophy

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This thesis asks the following fundamental question: to what extent can economic and social rights be made effective through law? Because this question touches at once upon the effectiveness of these rights and on their status as norms of positive law, attempting to answer it requires first, an openness to other disciplines, and subsequently, to the question of the respect and control of these norms, namely that of sanction. From the outset, a preliminary and multidisciplinary analysis of the issue of contemporary poverty hints at an undeniable deviation with "pure legal theory". Moreover, economic and social rights are becoming more and more tangible in national legislation and more frequently invoked before the court (who is turn are showing a growing openness). 'Hard law' does have a place in this implementation, notably a symbolic one. Thus, the first part is dedicated to the determination of the role of 'hard law' as well as to the relevance of judicial activism. Given the limitations of 'hard law', the second part examines the issue of alternate courses of State action as opposed to any other demands for rights. Two forms of 'soft' and 'reflexive' law will then be examined in the interest of rendering economic and social rights effective: respectively from within the State, and from outside its framework. First, strategic planning (accompanied by outcome-based management) may serve to coordinate the State apparatus in the struggle against poverty. In what concerns the role of law at a societal level and in the context of a complex society, societal guidance will be preferred to impose strategic planning. In this way, it will be possible to shed light on other forms of sanction, which may be complimentary to legal ones. Finally, it is necessary to establish certain control and follow-up mechanisms of this category of rights, more relevant and innovative in order to garner a greater effectiveness of economic and social rights.

Zugl.: Diss.

Thesis (M.A.)--University of Nevada, Reno, 2008. / "May, 2008." Includes bibliographical references (leaves 63-69). Library also has microfilm. Ann Arbor, Mich. : ProQuest Information and Learning Company, [2009]. 1 microfilm reel ; 35 mm. Online version available on the World Wide Web.

Univ., Diss.--Regensburg, 2003. / Literaturverz. S. 293 - 327.

Thesis (Ph. D.)--State University of New York at Binghamton, Department of Political Science, 2009. / Includes bibliographical references.