Applying the efficiency rationale to separation of powers in Hong Kong

Abstract

Separation of powers is a much broader concept than is often appreciated, and one not necessarily at odds with enhancing efficiency in governance. Although often forgotten, or sometimes even denied today, that rationale of enhancing efficiency in governance historically played an important role in the evolution of the doctrine of separation of powers. But what is meant by efficiency in this context, and how broadly the term should be defined in relation to separation of powers, has varied during the evolution of the doctrine and remains far from clearly established today. Given the relatively short history of separation of powers as a constitutional principle in Hong Kong, it is not surprising that the breadth of the doctrine is not always fully appreciated. However some recent court judgments do show some awareness of the link between separation of powers and the goal of enhancing efficiency in governance.