A Lawyer Writes

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Ousting the courts’ jurisdiction

Ousting the courts’ jurisdiction

Can a legislature ever exclude judicial review? Should it?

Joshua Rozenberg's avatar
Joshua Rozenberg
Apr 14, 2023
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A Lawyer Writes
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Ousting the courts’ jurisdiction
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Does a clause in Hong Kong’s national security law effectively oust the jurisdiction of the courts? That’s the question I raised in a piece published here yesterday:

A Lawyer Writes
Hong Kong tries to ban British KC
A British barrister has been banned from representing a high-profile defendant facing national security charges in Hong Kong, court papers have revealed. Local lawyers are challenging the authorities’ decision in the Hong Kong courts. The defendant is Jimmy Lai, founder of the popular Apple Daily newspaper which was closed by the Hong Kong authorities in…
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2 years ago · 8 likes · 2 comments · Joshua Rozenberg

As you might expect, Lai and his lawyers argue that

the court’s constitutional role as a check against judicial overreach by government bodies cannot be excluded, and at any rate not under t…

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