Judging Socio-Economic Rights in Hong Kong
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AbstractThis article considers the constitutional nature of socio-economic rights under the Hong Kong Basic Law, principally through the lens of article 39 which mandates the implementation of the International Covenant on Social, Economic and Cultural Rights into domestic law. So far, the Hong Kong courts have been reluctant to give domestic effect to guarantees under the ICESCR. This article assesses the feasibility of making the ICESCR effective through Hong Kong’s administrative law and constitutional law. It argues that there is latent potential to invoke the ICESCR in the construction of legislation using the principle of legality. This interpretative mandate furthers the purposive and generous approach to constitutional interpretation and the guarantee that the ICESCR shall be implemented into Hong Kong law. More broadly, the article contributes to the scholarly literature on socio-economic rights adjudication, constitutional theory on rights interpretation, and the use of international human rights law in the construction of domestic constitutional guarantees.
All Author(s) ListMichael Ramsden
Journal nameInternational Journal of Constitutional Law
Year2018
Month4
Volume Number16
Issue Number2
PublisherOxford University Press
Place of PublicationUK
Pages447 - 469
ISSN1474-2640
eISSN1474-2659
LanguagesEnglish-United Kingdom

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