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【專文】權力分立與制衡為美國民主奠定深厚根基
─美國制憲先賢們為美國人設計的完善的權力分立與制衡之制度，才為美國民主政治立下了長治久安深厚之根基
文／黃炎東（歷台大，警大教授，美國德州大學奥斯汀分校政治系客座學者）
美國立國二百多年來無論任何政黨贏得了總統大選或國會選舉，其組成的政府無論是「一致政府」或是「分立政府」，無論是行政、立法、司法部門皆須遵守美國憲法及法律之規定去運作才行得通，如美國司法部門之聯邦最高法院其掌有的違憲審查權（Judicial Review），對總統所發布的命令及國會所通過的法律是具有審查其是否違憲之權，總統固然是國家之元首也是最高行政首長，但國會不但掌握國家財政預算審查權，總統提名重要官員的審核同意權，同時也有掌握對總統之彈劾權，國家完善的 #三權分立 與 #制衡制度，早已在1787年由美國制憲先賢們所共同制定......
//https://www.wsj.com/articles/honoring-jimmy-lai-11624248153
OPINION REVIEW & OUTLOOK
Honoring Jimmy Lai
In Hong Kong, a valiant attempt to keep publishing the truth.
By The Editorial Board
June 21, 2021 12:02 am ET
The Committee to Protect Journalists was founded 40 years ago to fight for journalists who are “attacked, imprisoned or killed.” In this spirit, the CPJ on Monday announced it is honoring Hong Kong’s Jimmy Lai with its 2021 Gwen Ifill Press Freedom Award. Mr. Lai, the founder, owner and contributor to the Apple Daily newspaper, won’t be able to accept the award in person because he sits in prison in Hong Kong.
The CPJ honor comes after another police raid on the newsroom last week. Five Apple Daily execs were arrested, and two—editor-in-chief Ryan Law and chief executive officer Cheung Kim-hung —were charged under the new national security law and thus denied bail. The CPJ notes that Mr. Lai “fights for the right of his Apple News organization to publish freely, even as China and its backers in Hong Kong use every tool to quash them.”
The grim news is that those who want Apple silenced may be succeeding. We have learned that Apple may be only days away from stopping its presses. This itself is a lesson in freedom. Instead of directly censoring the publication, Hong Kong authorities, backed by China, have targeted the lifeblood of any news organization, its business operations.
The lesson of Apple is that freedom of the press doesn’t exist in the abstract. It depends on property rights. By freezing Apple’s corporate accounts, by stopping Mr. Lai from voting his shares (he holds 72% of the company), and by scaring people from advertising in Apple or doing business with it, Hong Kong has been trying to deny the paper the wherewithal to continue. Lenin understood this more than a century ago, recommending that Communists control newsprint and advertising to bring the press to heel.
There’s a warning here for other Hong Kong business enterprises that may not think they have a stake in what happens to Mr. Lai or Apple. Hong Kong authorities are stealing Mr. Lai’s company because they don’t like his political views—and they have done it by police orders, without due process or judicial review. If they can do it to his company, does anyone really believe they won’t do it to a bank or tech company that offends China?
The men and women at Apple have been making a valiant stand to keep publishing despite the risk of arrest and imprisonment. They are an example of real journalistic courage that should educate an American media that likes to play up its bravery in challenging the government while living under the protection of the First Amendment and a free society. Mr. Lai and his journalists have put their freedom at risk to challenge a real tyranny.
The CPJ award is richly deserved, and it should put a global spotlight on what is happening to Mr. Lai and Apple. As China’s Communist Party seeks to expand its political control over critics world-wide, often with the acquiescence of Hollywood and U.S. tech companies, Jimmy Lai speaks for everyone fighting for the cause of liberty.//
Self-exiled former Democratic Party lawmaker Ted Hui described Hong Kong’s judiciary as “Communist Party courts” after a judge decided not to let him continue with a judicial review against the justice secretary.
Read more: https://bit.ly/3tw5Mez
高等法院拒絕流亡澳洲的前民主黨議員許智峯，就律政司介入他就西灣河警槍傷學生等案提出私人檢控的覆核申請。許智峯認為「結果當然非常符合國情」，稱「凸顯制度的荒謬、法官的墮落」是他發起司法挑戰的原因之一，又強調「法治可亡，但人心必不會死。」
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short passages in a scholarly or technical work,
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holder. It is a fair use under copyright law.
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short passages in a scholarly or technical work,
for illustration or clarification of the author's
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content of the work parodied; summary of an
address or article, with brief quotations, in a news
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work to replace part of a damaged copy;
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