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编者按:香港法院在特区政制架构中的地位非常特殊,超出了基本法制定之时对其功能的设计和设想。回归之初,香港法院以能动司法的态度强化和拓展了自身职能,大幅度地介入到香港的政治生活中,亦加剧了“一国”与“两制”的紧张关系,由其做出的一些判决引发了较大的宪法争议。这既与法官所持的普通法思维同祖国大陆的成文法传统难以对接有关,也与他们对香港法院的法律地位和
Editor’s Note: The status of Hong Kong courts in the SAR’s constitutional structure is very special and goes beyond the design and assumptions of its functions when the Basic Law was enacted. At the beginning of the reunification, the courts in Hong Kong strengthened and expanded their own functions in an active judicial manner, greatly involved themselves in the political life in Hong Kong and exacerbated the tension between the “one country” and the “two systems” by Some of the judgments they made sparked a big constitutional dispute. This is both related to the common law thinking held by judges and to the traditional incorporation of written law in the motherland and to their legal status in Hong Kong courts and