Court of Human Rights Substantially the same terms as BOR Though not binding on

Court of human rights substantially the same terms as

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Court of Human Rights Substantially the same terms as BOR Though not binding on courts of HK> high persuasive authority Internationa l Human Rights Law Universal Declaration on Human Rights (UDHR) 1948 - Generally agreed to be the foundation of international human rights law. - It sets out, for the first time, fundamental human rights to be the common standard for all nations and should be universally protected. - Article 1: “All human beings are born free and equal in dignity and rights ...” International Covenant on Civil and Political Rights (ICCPR) 1976 International Covenant on Economic, Social and Cultural Rights (ICESCR) 1976 - The UDHR is without binding effect on states, therefore subsequently, the ICCPR and the ICESCR were adopted to give
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binding legal effect to the UDHR. - As at 18 Nov 2018, 172 and 169 states have ratified the ICCPR and ICESCR respectively. - Other topical international human rights treaties Ppt( start from 51 slide)
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Chapter 12 - The Interface of Hong Kong and Chinese Law Legal system if PRC - PRC constitution: unenforceable and never been enforced by NPCSC - all state institutions are subordinated to the leadership of Communist Party( not mentioned in constitution) organ of paramount state power: SC of the Party’s Political Bureau( not mentioned in constitution) - make all important decisions for the State - decisions are transmitted to the State Council and NPCSC for implementation No political independence - Soviet-inspired Nomenklatura system - Law always subordinate to the Party - Laws and constitution are compatible with its own political ideology, norms, image, policy orientation and need Rule by law - Law: vehicle for state building, embodies will of the ruling class(Marxist ideology), tool to regulate the economy and discipline society to consolidate power and shore up Party’s survivability in the long term - Constitutional rights must yield to the “Four Cardinal Principles” - No emphasis of individual rights or personal liberty - “civil wrong” can lead to administrative punishment that deprives persons of their liberty, licenses or property in the absence of a trial - Blurred distinction of civil and criminal law - Strong emphasis on Party leadership, strict requirements on ideological control Courts Four levels: Basic, Intermediate, High and Supreme People’s Courts - Proceedings in two levels: Judgement of first instance can only be appealed to the Court at the next higher level Jiang Zemin “ governing the state in accordance with the law”(yifazhiguo) Peking U legal scholar Qianfan Zhang “it is left unguarded against official violations” “a document filled with political slogans which is difficult to enforce but may never been meant to be seriously enforced at all” PRC Constitution art 5(1) The PRC shall govern the State in accordance with law and construct a Socialist State rule by law “Four Cardinal Principles” 1. Keeping to socialist path 2. Upholding People’s Democratic Dictatorship 3. Upholding leadership of Chinese Communist Party 4.
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