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Law
Rule of Law
- “proclamation of societal orderliness by those administering the law, backed by some evidence of good governance”
- a mere phenomenon at best, often an ideal to strive for, but nobody has ever successfully prescribed concrete steps to achieve it
- often used as an excuse to promote one’s dogmatic doctrines regardless whether causation is actually proven
Common Law
- “legal system from England that spread all over the world by the expansion of the British Empire”
- tradition of splitting hairs, an retrofitting doctrines into the old system, asserting that they had always been there
Donoghue v Stevenson
- “Landmark case that established cause of action for negligence”
- cult-like status among law students
- a fine example where judges sitting in the House of Lords are allowed to quote the Holy Bible in place of precedent and nobody bats an eye.
Woolmington v DPP
- “Landmark case that affirms the rule that all elements of a crime must be proved by prosecution before the accused can be found guilty.”
- Judge reviews the precedents and asserts that everyone else including learned judges below have misunderstood the legal authorities – case law is wrong because they referred to mere textbooks, and textbooks are wrong because they are not proper precedent (i.e. not cases)
- another fine example where the House of Lords modify the common law yet asserting that the law had always been so
- “Throughout the web of the English Criminal Law one golden thread is always to be seen” is a colorful metaphor that is employed in place of actual precedent, much like quoting Bible in Donoghue v Stevenson
Basic Law
- “National Law of the PRC that provides constitutional framework for the governance of HKSAR”
- Widely misunderstood to be analogous to constitutions of other democratic nations whereby government powers are restrained and people’s rights are protected
- HKSARG’s powers are indeed limited by Basic Law, yet rights are reserved by PRC; HK people’s rights are protected as a side effect of PRC’s limitation of HKSARG’s rights