Is the Hong Kong Courts’ Ability to Refer to Foreign Authorities Unrestrained?

نویسندگان

چکیده

Once in a while there is debate on whether Hong Kong courts should be freely able to refer foreign authorities, indicating the lack of firm consensus. In light need for clarifications, this note affirms court’s ability authorities three main reasons. Constitutionally, first raise that have unique ‘constitutional assurance’ their cases. By comparison, other jurisdictions, like England & Wales and Singapore which do not share same assurance, even further restrained power with Practice Directions. Professionally, will blindly rely given jurisdictional differences. Practically, has relatively smaller case pool, so practical insights from are very useful. Given these justifications, any doubt over courts’ practice such.
 Keywords: common law; Singapore; English comparative precedent; India; judiciary; legal method.

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ژورنال

عنوان ژورنال: Amicus curiae

سال: 2022

ISSN: ['1461-2097', '2048-481X']

DOI: https://doi.org/10.14296/ac.v4i1.5488