Hong Kong Law Journal, Vol. 53, Part 2 of 2023, pp.507 - 538
Abstract: This article argues that Professor Dixon’s theory of responsive judicial review works reasonably well for Hong Kong between 1990 and the mid-2010s, even when the monopoly of anti-democratic powers, one of the democratic dysfunctions, is a systemic issue in Hong Kong. However, without a democratic system, responsive judicial review may be unstable and precarious when the political climate changes. When the conditions for responsive judicial review no longer exist, judicial choices are dominated by considerations of law and order at the expense of protecting core democratic values and in so doing, the judiciary is running the risk of becoming abusive.