The Research On The Relationship Between The Executive Authorities And The Legislature Of The Hong Kong Special Administrative Region

As a colonial of the United Kingdom, Hong Kong had an executive-led government, especially before the representative government plan was developed. During that time, the Legislative Council was as a consultative organs of the Governor as the Executive Council, so it can't check the government effectively and the administration manifests to the legislation was one kind of absolute leading relations.The Basic Law comfirms and consummates this executive-led system, which maintains the Chief Executive and the Administration'strong status, and stresses that the relationship between the executive authorities and the legislature is to coorperate and to check and balance. Such design respects the history and faces the future; maintains the efficiency and contains the democracy. On the ond hand, this system is helpful in realizing the provision of the Basic Law that the Chief Executive should be accountable to the Central People's Governments which is in according with the principle of "one country". On the other hand, it can respond the increasing demand of political democratization which Hong Kong residents strengthen day by day, and give dual attention to "two systems". Neither the legislative-led system nor the separation of powers system, is unable to achieve this point.The question lies, the disparity between the executive-led system as a constitutional design and as a political reality espands unceasingly, under the situation that the external environment is very bad and the Chief Executve was absent of gonerning experience. The practice proves that the absolute leadership of the Administration has changeed into a relative ones.This change is normal and inevitable.Looking from the form, the reason that "the relative executive-led " presents is that the Basic Law makes the implementation of "the absolute executive-led" more difficult.The Basic Law entrusts the Chief Executive and the government wide power, whilest entrusts the legislative council the power to check the executive authorities .Under this conditions,the realization degree of the executive-led systems will be inevitably different from time to time.This article believed that the reason lies in the factors that influence the executive authorities and the legislature has the open characteristics.On longitudinal, the Hong Kong Special Administrative Region takes directly under the Central People's Government, and its high autonomy is awarded by the central, so the central can have the immediate influence on the executive authorities and the legislature. On crosswise, the interaction between the Executive heads, the Government, the legislature council, the courts, the parties and the resident's wishes and so on can also affect the balance of the executive and the legislative directly or indirectly in the authority structure.The final outcome of this interaction will be that the balance between the executives and the legislature. First, the respect arises from the "rule of law" traditions in Hong Kong to the original intentions of the legislators, as well as the central's insist, will guarantee the executive-led system can not change fundamentally. But an executive-led government does't means that the government can be dominate.The true standard to judge if the Basic Law is successfully implementated, is not the realization degree of the executive-led system, but the political system established by the basic law how to solve the difficult problem that lie between the democracy and the efficiency. If striving hardly for the so-called democracy which put emphasis on the general election and the check and balance, the neglect of efficiency will not be able to prove the rational value onits existence; Similarly, emphasizes more on the executive-led and the the efficiency, the neglect of democracy will lead the result that the political system lose its legal foundation.