Theme 1 Topic 1 Part B: Constitutional Relationship between the Country and HKSAR Flashcards
What is a constitution?
- A constituion is the basis for the founding of a modern state. It has the highest legal status, and is the origin of national laws and systems
- A constitution generally outlines the state’s political structure and the fundamental rights of its citizens
The People’s Republic of China has only ___ constitution (i.e. Constitution of the People’s Republic of China) and ___ sovereignty (i.e. one central administrative system to exercise state power in a unified way)
one, one
___________: unified, persistent and inseperable highest power of a country for independently and autonomously handling its internal and external affairs.
Sovereignty
____________: the exercise of sovereignty, the specific powers to govern a country, and an inseperable part of sovereignty.
Jurisdiction
Local political institutions exercising jurisdiction do not have ___________ on its own.
sovereignty
What does it mean for China is a unitary system?
- The Central Authorities exercise all power on behalf of the state.
- China has a state organ with central and local levels. The power of local authorities are granted by the Central Authorities
- All local administrative units are subject to the unified leadership of the Central authorities. Local governments com directly under and are subject to the supervision of the Central Authorities.
- Local governments do not have any residual power: the power that is not listed in the constituion or the constitutional law.
________________ and _____________ together form the constitutional basis for the HKSAR. They ensure that the “one country two systems” principle fits into the constitutional structure of the country.
The Constitution, the Basic Law
The constitution provides __________________________ for the legalization, institutionalisation and implementation of the “one country, two systems” principle.
the constitutional basis
The Constitution and the _________________ for the Basic Law. They are the foundation of law for the Basic Law.
legislative basis
The Basic Law is a ________ law.
national
What’s the relationship between the Constitution and the Basic Law?
The relationship between the Constitution and the Basic Law is one between **“parent law” **and “subordinate law”. The Basic Law must comply with the Constitution.
The Basic Law is the _________________ law of the HKSAR. The laws enacted by the LegCo/ local law must comply with the basic law.
constitutional
The HKSAR under “one country two systems”. Sovereignty and jurisdiction belong to the _________________________.
- Article 1 of the Basic Law:” The Hong Kong Special Administrative Region is an inalienable part of the People’s Republic of China”.
Central Authorities
Power of the HKSAR is granted by the ______________________
Central Authorities
The HKSAR is a local administrative region with a special status which is under the ______________________ of the Central Government. It is established under the _____________________ of the Central Authorities in accordance with the constitution.
direct administration, authorization