Hong Kong Legal System: Legislation, Statutory Interpretation, and Court Structure
The Legal Framework
Law is created by the legislature, enforced by the executive, and interpreted by the judiciary. An ordinance originates as a ‘bill’.
Types of Bills
- Public Bill: Proposed legislation that affects the interest of the community at large. (E.g., The Fixed Penalty (Public Cleanliness Offences) Bill).
- Private Bill: Deals with the interests of the parties named on it.
The Legislative Process
Bill Passing Process: Initial Stages
- Proposal for New Law or Change of Law: Proposed by a government
Foundations of Law and Its Role in Social Structure
Law and Social Structure
Defining Law
Law is the set of principles, precepts, and rules governing human relationships in civil society. Non-compliance on the part of individuals means that enforcement can be compelled by force.
More formally, law can be defined as the set of binding laws, regulations, and permanent resolutions created by the state for the preservation of social order. This definition focuses on the proper procedure carried out for their creation, regardless of whether the content is
Read MoreJudicial Process: Structure, Principles, and Resolutions
The Judicial Process and Its Acts
1. Defining the Judicial Process
The judicial process is the method followed in carrying out the function of jurisdiction for the purpose of effective judicial protection.
Terminology Distinction
- Process: The general instrument of the court used to implement Judicial Power and protect violated rights and interests.
- Trial (Enjuiciamiento): Sometimes used as a synonym for the process, although the process is a broader concept and includes legal actions before and after
Brazilian Labor Law: Labour Court Jurisdiction and Key Principles
Constitutional Amendment No. 45/04
Following the enactment of Constitutional Amendment No. 45/04 by the National Congress on December 8, 2004, the jurisdiction of the Labour Court was expanded under Article 114 of the 1988 Constitution.
The Labour Court’s jurisdiction was extended to adjudicate all actions arising from the employment relationship, not just those governed by the Consolidation of Labor Laws (CLT).
Article 114 affirmed the normative power of the Labour Court and assigned it new responsibilities.
Read MoreConstitutional Guarantees of the Spanish Judiciary and PPO
Judges, Magistrates, and the Public Prosecutor’s Office
1. Constitutional Guarantees of Judges and Magistrates
A. Concept of Constitutional Guarantees
The Constitution provides a series of guarantees for judges and magistrates, distinct from those of other public officials, primarily to safeguard the correct exercise of jurisdictional power. These guarantees protect both the judges and magistrates themselves and the citizens.
Article 117.1 of the Spanish Constitution states: “Justice emanates from the
Read MoreFundamentals of Commercial Law and Legal Sources
Commercial Law: Formal and Material Sources
Functions of Commercial Law
Commercial Law is a branch of law specializing in civil rights, aiming to regulate economic reality. It arose from the inability of civil law to adequately regulate complex economic activities.
The first major formulation was the Code of Commerce (1885).
Commercial Law is essential for economic security. It generates coverage rules for economic operators:
- Internally: Within their organization (e.g., partnership agreements).
- Externally: