TNAG-2320-FCO40-3364-Human-rights-in-Hong-Kong-1991 — Page 130

legal

profession was

the most

important

right

to

be

guaranteed. 24

His was

traditional attitude

between the appointed and

assertion which an

of the

law. common

and unelected judiciary (on the

reflected the

The symbiosis

one

hand) and the powerful lawmaking branches of government (on the other) is one of the brilliant features of the system of government developed by the English over the centuries.

provides an interaction between:

It

(i) a judiciary aspiring to learning,

learning, intellectual

rigour, the pursuit of

logic,

fidelity

to

conscience and respect for minorities

and for

the individual (on the one hand);

and

(ii)

the

other lawmakers in the

executive, reflecting popular will, the changing

legislature

and

sometimes

of aspirations passionate

the

impatience an

with

minorities

and

majority,

individuals whose perceived selfishness can

sometimes hold back great revolutions, including

economic revolutions which benefit the mass of

25

individuals making up the community.

on the resolute

The judiciary provides an occasional break

action of the other branches of government. The agenda of

the judiciary tends to be longer term. Although not entirely

impervious to popular opinions, aspirations and moods (for

judges are members of the community also) the judiciary is

often deflected from passion by the instruction of forebears,

who remind current office-holders of the need to protect the

individual, defend minorities and uphold proper procedures

even where doing

may frustrate the

the achievement of the

doing so

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