Skip to main navigation Skip to search Skip to main content

After Kong Yunming v Director of Social Welfare: The Status of Socioeconomic Rights in Hong Kong

Research output: Journal Publications and ReviewsRGC 21 - Publication in refereed journalpeer-review

Abstract

In the 2014 landmark case of Kong Yunming v Director of Social Welfare the highest court in Hong Kong recognised the justiciability of socioeconomic rights enshrined in the city's "mini-constitution". However, the case left crucial questions unanswered-one of which relates to the standard of review to be adopted for adjudicating on socioeconomic rights, given the traditional concern for the separation of powers. This article appraises the development of constitutional reviews in relation to socioeconomic rights post-Kong Yunming. It explores the attempt by the Hong Kong courts to impose coherence on this area of law and how they sought to avoid the dangers of transgressing into the realms of the Executive through the application of the concept of proportionality. Such attempts bring to light novel perspectives and may prove valuable in those parts of the common-law world where the justiciability of socioeconomic rights is not currently recognised.
Original languageEnglish
Pages (from-to)133-146
Number of pages14
JournalPublic Law Review
Volume2018
Issue number29
Publication statusPublished - 23 Jun 2018

Fingerprint

Dive into the research topics of 'After Kong Yunming v Director of Social Welfare: The Status of Socioeconomic Rights in Hong Kong'. Together they form a unique fingerprint.

Cite this