Abstract

http://ssrn.com/abstract=2160777
 


 



Using the ICESCR in Hong Kong Courts


Michael Phillip Ramsden


The Chinese University of Hong Kong (CUHK) - Faculty of Law

2012

Hong Kong Law Journal, 2012

Abstract:     
This article will examine the extent to which the International Covenant on Economic, Social and Cultural Rights (ICESCR) should play a role in the adjudication of public law disputes in Hong Kong. It will consider possible usages of the ICESCR as a source of constitutional rights, as an aid to constitutional and statutory interpretation, and its potential influence on development of the common law. Despite not being directly incorporated into domestic legislation, it will be argued that the ICESCR enjoys constitutional status under the Basic Law. The view that the ICESCR is merely 'progressive' or 'aspirational' will also be challenged as a mischaracterization of the legal nature of the covenant, which unduly hinders its enforcement in Hong Kong courts.

Number of Pages in PDF File: 37

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Date posted: October 13, 2012 ; Last revised: February 26, 2013

Suggested Citation

Ramsden, Michael Phillip, Using the ICESCR in Hong Kong Courts (2012). Hong Kong Law Journal, 2012. Available at SSRN: http://ssrn.com/abstract=2160777

Contact Information

Michael Phillip Ramsden (Contact Author)
The Chinese University of Hong Kong (CUHK) - Faculty of Law ( email )
Lee Shau Kee
Sha Tin
Hong Kong
Hong Kong
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