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  1. Hong Kong's inadequate heritage preservation law needs updating

    Posted Feb 03rd 2012, 12:00am

    ... owner balanced with conservation? Given the lack of cases in Hong Kong, we must refer to cases from other jurisdictions. The Penn Central Decision is a landmark 1978 US Supreme Court case ... be subject. Whilst US case law has no binding effect on Hong Kong courts and every case should be decided on its own facts, the outcome of the Ho Tung Gardens affair is uncertain. The Antiquities ...

    http://www.scmp.com/article/991567/hong-kongs-inadequate-heritage-preservation-law-needs-updating
  2. Talking points

    Posted Apr 25th 2012, 12:00am

    ... on Arizona's immigration law The US Supreme Court will hear arguments on whether Arizona has the authority to adopt a law to crack down on illegal immigrants, or whether immigration enforcement ... asked the high court to reinstate the suspended sections. UN steps up drive to eradicate malaria To mark World Malaria Day, the United Nations has announced a drive to raise US$3.2 billion ...

    http://www.scmp.com/article/999186/talking-points
  3. Judiciary urged to defend a system to be proud of

    Posted Oct 26th 2008, 12:00am by Nick Gentle

    ... an event marking the 60th anniversary of the UN Universal Declaration of Human Rights. The call came during a panel discussion on the rule of law on Friday. Panellists, including US Supreme Court ... comments were especially worrying given the directive issued to mainland courts always to bear in mind the cause of the Communist Party as well as the constitution and the people's intent. ...

    http://www.scmp.com/article/657787/judiciary-urged-defend-system-be-proud
  4. Judiciary should be helped to outgrow colonial legacies

    Posted Sep 24th 2009, 12:00am by Staff Reporter

    ... to the application of known principles or laws without intervention. If judges apply objective laws regardless of other considerations there is no need for succession planning. In the US, where Supreme Court ... planning? The US Constitution refers to the American people as the contractual parties to pursue collective ideals and provides a detailed institutional framework for upholding them. Constitutional ...

    http://www.scmp.com/article/693430/judiciary-should-be-helped-outgrow-colonial-legacies
  5. Historic breakthrough strengthens ties

    Posted Feb 12th 2009, 12:00am by Staff Reporter

    ... There they will take part in a customised course presented by a number of serving and retired US judges. While there, they will also travel to Washington to visit the US Supreme Court and attend a special ... greater significance is the fact that this was not only done with the approval of the Supreme People's Court- the highest court in mainland China- but with their active participation. ...

    http://www.scmp.com/article/669644/historic-breakthrough-strengthens-ties
  6. Rule on flat sales does not flout free speech

    Posted May 28th 2012, 12:00am

    ..., the Supreme Court has, over recent decades, formed the view that these two forms of speech are fundamentally similar - and both enjoy constitutional protection. The European Court of Human Rights has been more wary. The approach in Australia is quite different. Unlike the US, Canada and Hong Kong, Australia has no constitutional bill of rights. Despite this, the High Court of Australia has ...

    http://www.scmp.com/article/1002253/rule-flat-sales-does-not-flout-free-speech
  7. Justice delayed

    Posted Nov 04th 2010, 12:00am by Neville Sarony

    ... chief justice of the US Supreme Court, Warren Burger: 'A sense of confidence in the courts is essential to maintain the fabric of ordered liberty for a free people, and three things could ... exploited in the smaller transactions of daily life come to believe that courts cannot vindicate their legal rights from fraud and over-reaching; that people come to believe the law- in the larger ...

    http://www.scmp.com/article/729431/justice-delayed
  8. Our common law

    Posted Apr 14th 2009, 12:00am by Staff Reporter

    ... the prerogative to interpret the law while the legislature has supremacy in lawmaking. The landmark US Supreme Court case of Marbury vs Madison in 1803 established the court's function to interpret ... It also provided food for thought for lawyers and academics in common-law countries around the world. The four-year defamation suit and counter-suit that concluded in the Court of Final Appeal ...

    http://www.scmp.com/article/676748/our-common-law
  9. Proof that HK is ripe for democracy

    Posted Jul 10th 2006, 12:00am by Staff Reporter

    ... correct. NAME AND ADDRESS SUPPLIED Call abuse by its name The US Supreme Court recently issued a rather interesting message: the terms 'enemy combatants', 'extraordinary ... of civilians have eroded its moral authority. Assuming the US wants to exhibit the virtues of its political model as a means of protecting human rights, it should listen to its supreme court, stop ...

    http://www.scmp.com/article/556114/proof-hk-ripe-democracy
  10. Letters

    Posted Nov 09th 2008, 12:00am by Staff Reporter

    ... a system to be proud of' and 'Top US judge shares insights', October 26) and wonder if US Supreme Court Justice Anthony Kennedy's valuable insights have been properly ... court decisions that contradict people's expectations of the constitution. In the US, the judiciary is subject to institutional and individual checks. Most state judges are elected and, ...

    http://www.scmp.com/article/659412/letters

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