Judicial review

Judicial review

Judicial review is the doctrine under which legislative and executive actions are subject to review by the judiciary. Specific courts with judicial review power must annul the acts of the state when it finds them incompatible with a higher authority...

 in Hong Kong is conducted according to the Constitutional and Administrative Law List (Practice Direction

Practice Direction

In English law, a Practice Direction is a supplemental protocol to rules of civil and criminal procedure in the Courts. The Civil Procedure Rules 1998 contains a large number of Practice Directions which give practical advice on how to interpret the rules themselves...

 26.1). It comprises two different aspects: firstly, a review of domestic legislation as to their compatibility with the Basic Law ("constitutional review"); and secondly, judicial review of administrative decisions under administrative law

Administrative law

Administrative law is the body of law that governs the activities of administrative agencies of government. Government agency action can include rulemaking, adjudication, or the enforcement of a specific regulatory agenda. Administrative law is considered a branch of public law...

 ("administrative review").

Constitutional review

Under the Basic Law, the court of Hong Kong is also delegated with the power to interpret the Basic Law. Thus, it is recognised by the Hong Kong courts that they have jurisdiction to check whether the executive or legislature are working within the boundaries of the Basic Law. Like the United States, Hong Kong courts have held that they may review as to whether legislation passed by the legislature is in compliance with the Basic Law. This is different from the situation in the UK where the court may have no such jurisdiction under the traditional doctrine of parliamentary supremacy. The Hong Kong courts observed that reviewing legislation is possible because the legislature in Hong Kong is not, unlike its UK counterpart, supreme.

Administrative review

The Basic Law provides that the previous law in force in Hong Kong, including Common Law, will be preserved. Thus, administrative review, as part of the Common Law, is also preserved. The basis of administrative review is commonly said to be Article 35 of the Basic Law, which reads:
Hong Kong's administrative law is highly similar to English administrative law

English administrative law

-Ombudsmen:In the United Kingdom a post of Ombudsman is attached to the Westminster Parliament with additional posts at the Scottish Parliament, the Welsh Assembly and other government institutions...

, with a few minor differences.