Download or read book Adjudicating Social Welfare Rights in Hong Kong written by Karen Kong and published by . This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Chapter III of the Basic Law contains provisions that protect the fundamental rights of residents in Hong Kong. They include both civil-political rights and socio-economic rights. Since the inception of the Basic Law in 1997, our court was not short of opportunities to tackle difficult issues concerning civil and political rights, and it has been acclaimed by commentators as liberal in the protection of civil liberties in Hong Kong. In relation to socio-economic rights, the common conception that they were 'aspirational' and 'non-justiciable' rights had made them a modest ground of progression until recent years. The difficulty is increased by the strong judicial attitude that the court should not be used as a forum to discuss socio-economic policies. Many of the issues concerning socio-economic rights are more comfortably dealt with by the court when they are posed in terms of traditional civil political rights, e.g. the right to equality before the law under Art 25 of the Basic Law. Our court has in two recent cases adjudicated on the constitutional protection of social welfare rights in Hong Kong. Both cases concerned the new residence requirements for Comprehensive Social Security Assistance (CSSA) scheme effective from 1 January 2004. The two cases demonstrated the court's approach in adjudicating cases that concern social and economic policies, particularly when the decisions affect the distribution of scarce public expenditure. The intensity of review was at issue and the court's view of the justification provided by the government accounts for the difference in results of the two cases. It can be clearly seen that the court is highly influenced by the political and economic implications of their decisions. The author argues that the court's internal restraints on adjudicating socio-economic rights are misplaced, and that there is room for a more principled approach to deal with social rights, especially in relation to the decision making process by the government, while respecting the freedom by the democratic government to determine its own policies.
Download or read book Kong Yunming V Director of Social Welfare written by Karen Kong and published by . This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Kong Yunming v Director of Social Welfare is a landmark victory for the protection of constitutional social welfare right in Hong Kong. In this unanimous decision of the Court of Final Appeal, the seven-year residence requirement for Comprehensive Social Security Assistance (CSSA) imposed by the Department of Social Welfare was ruled unconstitutional. This case shows a shift in the approach of the court in the adjudication of social welfare right under the Basic Law of Hong Kong. The Court is more willing to question the justification provided by the government on public policy and resource allocation and requires the government to take seriously its constitutional duty to protect the right to social welfare of the marginalised poor. Nonetheless, the decision is very controversial not only because of the recent Mainland China-Hong Kong social tension, but also because of the potential wide implications of the case on future public expenditure on CSSA and the validity of similar social welfare benefits with the seven-year residence requirement. It also opens to question the legitimacy of the court in overruling government policy choices on resource allocation. This article seeks to provide some clarifications of the legal issues involved and to make a preliminary analysis of the implications of the case on future law and policy for social welfare.
Download or read book Social Welfare in Hong Kong the Way Ahead written by Hong Kong. Social Welfare Department. Social Welfare Planning Committee and published by . This book was released on 1972 with total page 29 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Social Welfare and Human Rights written by International Council on Social Welfare. Hong Kong Committee and published by . This book was released on 1968 with total page 4 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Deference in Human Rights Adjudication written by Cora Chan and published by Oxford University Press. This book was released on 2024-07-25 with total page 225 pages. Available in PDF, EPUB and Kindle. Book excerpt: In human rights adjudication, courts sometimes face issues that they lack the expertise or constitutional legitimacy to resolve. One way of dealing with such issues is to 'defer', or accord a margin of appreciation, to the judgments of public authorities. This raises two important questions: what devices courts should use to exercise deference, and how deference can be made more workable for judges and predictable for litigants. Combining in-depth conceptual analysis with practice in a broad range of jurisdictions, Deference in Human Rights Adjudication answers these questions. It introduces six devices for deference (namely, the burden of proof, standard of proof, standard of review, giving of weight, choice of interpretation, and choice of remedy), analyzes how courts should choose amongst them, and proposes techniques for rendering deference practicable. The book has two distinctive features. First, it engages with the jurisprudence of six common law jurisdictions that apply a structured proportionality test in rights adjudication, namely, Canada, Hong Kong, Ireland, Israel, New Zealand, and the United Kingdom. Second, it offers guidelines for judges who wish to apply its theoretical arguments. As such, Deference in Human Rights Adjudication will enable human rights adjudication to be more principled and in line with the rule of law and separation of powers. Insightful and pioneering, this book will be an important reference for researchers, teachers, and students of constitutional theory, comparative constitutional law, and human rights law around the world. It will also assist practitioners, judges, and policymakers who have to grapple with issues of deference in adjudication.
Download or read book The Concept of Proportionality in Public Law written by CHUNG Wai Man, Franco and published by City University of HK Press. This book was released on 2020-06-30 with total page 696 pages. Available in PDF, EPUB and Kindle. Book excerpt: Proportionality is a German, and thus continental European, concept in public law that is applied by both the Court of Justice of the European Union (CJEU) and the European Court of Human Rights (ECtHR). The principle specifies that measures adopted by executive authorities should not exceed the limits of what is appropriate and necessary in order to achieve legitimate objectives in the interest of the public. Using a functional comparative approach, this book evaluates the extent to which proportionality has been integrated into the English and Hong Kong judicial systems by comparing case law in these courts with that of the CJEU and the ECtHR. The text also reviews the development of proportionality and presents a topical understanding of why its adoption and application have encountered difficulties, particularly regarding socio-economic rights, in some jurisdictions, such as the United Kingdom and Hong Kong. Written by a scholar with experience from both within the Hong Kong judicial system and from international research, this book is the first all-encompassing reference for legal practitioners worldwide.
Download or read book A City Mismanaged written by Leo F. Goodstadt and published by Hong Kong University Press. This book was released on 2019-11-01 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: A City Mismanaged traces the collapse of good governance in Hong Kong, explains its causes, and exposes the damaging impact on the community’s quality of life. Leo Goodstadt argues that the current well-being and future survival of Hong Kong have been threatened by disastrous policy decisions made by chief executives and their principal officials. Individual chapters look at the most shocking examples of mismanagement: the government’s refusal to implement the Basic Law in full; official reluctance to halt the large-scale dilapidation of private sector homes into accommodation unfit for habitation; and ministerial toleration of the rise of new slums. Mismanagement of economic relations with Mainland China is shown to have created severe business losses. Goodstadt’s riveting investigations include extensive scandals in the post-secondary education sector and how lives are at risk because of the inadequate staff levels and limited funding allocated to key government departments. This book offers a unique and very powerful account of Hong Kong’s struggle to survive. ‘Goodstadt demonstrates how the neglect of social rights in managing the SAR has brought about serious consequences through the discussion of housing, medical services, and education. A highly readable title with a lot of interesting arguments for those who really care about Hong Kong.’ —Lui Tai-lok, Department of Asian and Policy Studies, Education University of Hong Kong ‘Goodstadt gives a well-grounded and relentless rebuke of the HKSAR government for failing to safeguard lives, quality of living and the interests of its people in the past twenty years. It is a poignant siren that calls for reflection and correction.’ —Christine M. S. Fang, Department of Social Work and Social Administration, The University of Hong Kong ‘Goodstadt utilizes his long experience in public policy in Hong Kong to interpret the city’s mismanagement. He supplies a devastating critique of the fallacy of the approach taken by the Chief Executives and the senior leaders.’ —David R. Meyer, Olin Business School, Washington University in St. Louis
Download or read book Constitutionalism in Asia written by Wen-Chen Chang and published by Bloomsbury Publishing. This book was released on 2014-02-19 with total page 1280 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book of text, cases and materials from Asia is designed for scholars and students of constitutional law and comparative constitutional law. The book is divided into 11 chapters, arranged thematically around key ideas and controversies, enabling the reader to work through the major facets of constitutionalism in the region. The book begins with a lengthy introduction that critically examines the study of constitutional orders in 'Asia', highlighting the histories, colonial influences, and cultural particularities extant in the region. This chapter serves both as a provisional orientation towards the major constitutional developments seen in Asia – both unique and shared with other regions – and as a guide to the controversies encountered in the study of constitutional law in Asia. Each of the following chapters is framed by an introductory essay setting out the issues and succinctly highlighting critical perspectives and themes. The approach is one of 'challenge and response', whereby questions of constitutional importance are posed and the reader is then led, by engaging with primary and secondary materials, through the way the various Asian states respond to these questions and challenges. Chapter segments are accompanied by notes, comments and questions to facilitate critical and comparative analysis, as well as recommendations for further reading.The book presents a representative range of Asian materials from jurisdictions including: Bangladesh, China, Hong Kong, India, Japan, Mongolia, Nepal, Pakistan, South Korea, Sri Lanka , Taiwan, Timor-Leste and the 10 ASEAN states.
Download or read book Law and Politics of the Taiwan Sunflower and Hong Kong Umbrella Movements written by Brian Christopher Jones and published by Taylor & Francis. This book was released on 2017-03-27 with total page 242 pages. Available in PDF, EPUB and Kindle. Book excerpt: Rarely do acts of civil disobedience come in such grand fashion as Taiwan’s Sunflower Movement and Hong Kong’s Umbrella Movement. The two protests came in regions and jurisdictions that many have underestimated as regards furthering notions of political speech, democratisation, and testing the limits of authority. This book breaks down these two movements and explores their complex legal and political significance. The collection brings together some of Asia’s, and especially Taiwan and Hong Kong’s, most prolific writers, many of whom are internationally recognised experts in their respective fields, to address the legal and political significance of both movements, including the complex questions they posed as regards democracy, rule of law, authority, and freedom of speech. Given that occupational type protests have become a prominent method for protesters to make their cases to both citizens and governments, exploring the legalities of these significant protests and establishing best practices will be important to future movements, wherever they may transpire. With this in mind, the book does not stop at implications for Taiwan and Hong Kong, but talks about its subject matter from a comparative, international perspective.
Download or read book Routledge Handbook of Global Health Rights written by Clayton Ó Néill and published by Routledge. This book was released on 2021-05-30 with total page 315 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the idea of a fundamental entitlement to health and healthcare from a human rights perspective. The volume is based on a particular conceptual reasoning that balances critical thinking and pragmatism in the context of a universal right to health. Thus, the primary focus of the book is the relationship or contrast between rights-based discourse/jurisprudential arguments and real-life healthcare contexts. The work sets out the constraints that are imposed on a universal right to health by practical realities such as economic hardship in countries, lack of appropriate governance, and lack of support for the implementation of this right through appropriate resource allocation. It queries the degree to which the existence of this legally enshrined right and its application in instruments such as the International Covenant on Economic, Social and Cultural Rights (ICESCR) and the Universal Declaration of Human Rights (UDHR) can be more than an ephemeral aspiration but can, actually, sustain, promote, and instil good practice. It further asks if social reality and the inequalities that present themselves therein impede the implementation of laudable human rights, particularly within marginalised communities and cadres of people. It deliberates on what states and global bodies do, or could do, in practical terms to ensure that such rights are moved beyond the aspirational and become attainable and implementable. Divided into three parts, the first analyses the notion of a universal inalienable right to health(care) from jurisprudential, anthropological, legal, and ethical perspectives. The second part considers the translation of international human rights norms into specific jurisdictional healthcare contexts. With a global perspective it includes countries with very different legal, economic, and social contexts. Finally, the third part summarises the lessons learnt and provides a pathway for future action. The book will be an invaluable resource for students, academics, and policymakers working in the areas of health law and policy, and international human rights law.
Download or read book Contemporary Hong Kong Government and Politics Third Edition written by Lam Wai-man and published by Hong Kong University Press. This book was released on 2024-08-05 with total page 467 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the third edition of Contemporary Hong Kong Government and Politics, Lam Wai-man, Percy Luen-tim Lui, Wilson Wong, and various contributors provide the latest analyses in many aspects of Hong Kong’s government and politics, such as political institutions, mediating institutions, and political actors. They also discuss specific policy areas such as political parties and elections, civil society, political identity and political culture, the mass media, and public opinions after the Umbrella Movement in 2014. The book also evaluates the latest developments in Hong Kong’s relationship with Mainland China and the international community. This new edition offers an up-to-date and comprehensive analysis of the main continuities and changes in the above aspects since 2014. This volume will help its readers grasp a basic understanding of Hong Kong’s political developments in the last ten years.
Download or read book The Hong Kong Basic Law written by P. Y. Lo and published by . This book was released on 2011 with total page 1045 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Socio Economic Rights in Emerging Free Markets written by Surya Deva and published by Routledge. This book was released on 2015-09-25 with total page 390 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the last decade or so, China and India have emerged on the global stage as two powerful free market economies. The tremendous economic growth in China and India has meant that they have been able to lift millions of people out of the poverty trap. This growth has not, however, been without problems. Apart from worrying levels of environmental pollution, a significant number of people are still struggling to live a decent life as they do not have adequate access to basic needs such as food, health services, education, water, and housing. The traditional old age support mechanism is collapsing amidst push for urbanisation and the practice of nuclear families, while the alternative social security system has not been put in place. Both China and India stress the importance of socio-economic rights, have ratified the International Covenant on Economic, Social and Cultural Rights and have in place a strong legal framework for the realisation of such rights. The constitutions of China and India accord significant importance to socio-economic rights and the both countries have numerous laws, regulations and policies that seek to implement various socio-economic rights. This book investigates how the gradual adoption of free market ideology has impacted on the realisation of socio-economic rights in both India and China and how the constitutional and legal frameworks have made necessary adjustments. Chapters in this volume, which are written by academics of international standing, explore how these two countries have tried to overcome certain common governance challenges in realising socio-economic rights. The role played by courts in India and China in the protection and realisation of socio-economic rights is considered along with the use and limitations of public interest litigation in achieving these rights. Finally, the effectiveness of measures in realising socio-economic rights are evaluated in relation to specific rights such as the rights to food, health, education, social security, and gender equality.
Download or read book Human Rights in China written by Eva Pils and published by John Wiley & Sons. This book was released on 2017-11-10 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: How can we make sense of human rights in China's authoritarian Party-State system? Eva Pils offers a nuanced account of this contentious area, examining human rights as a set of social practices. Drawing on a wide range of resources including years of interaction with Chinese human rights defenders, Pils discusses what gives rise to systematic human rights violations, what institutional avenues of protection are available, and how social practices of human rights defence have evolved. Three central areas are addressed: liberty and integrity of the person; freedom of thought and expression; and inequality and socio-economic rights. Pils argues that the Party-State system is inherently opposed to human rights principles in all these areas, and that – contributing to a global trend – it is becoming more repressive. Yet, despite authoritarianism's lengthening shadows, China’s human rights movement has so far proved resourceful and resilient. The trajectories discussed here will continue to shape the struggle for human rights in China and beyond its borders.
Download or read book Socio Economic Rights in Emerging Free Markets written by Surya Deva and published by Routledge. This book was released on 2015-09-25 with total page 393 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the last decade or so, China and India have emerged on the global stage as two powerful free market economies. The tremendous economic growth in China and India has meant that they have been able to lift millions of people out of the poverty trap. This growth has not, however, been without problems. Apart from worrying levels of environmental pollution, a significant number of people are still struggling to live a decent life as they do not have adequate access to basic needs such as food, health services, education, water, and housing. The traditional old age support mechanism is collapsing amidst push for urbanisation and the practice of nuclear families, while the alternative social security system has not been put in place. Both China and India stress the importance of socio-economic rights, have ratified the International Covenant on Economic, Social and Cultural Rights and have in place a strong legal framework for the realisation of such rights. The constitutions of China and India accord significant importance to socio-economic rights and the both countries have numerous laws, regulations and policies that seek to implement various socio-economic rights. This book investigates how the gradual adoption of free market ideology has impacted on the realisation of socio-economic rights in both India and China and how the constitutional and legal frameworks have made necessary adjustments. Chapters in this volume, which are written by academics of international standing, explore how these two countries have tried to overcome certain common governance challenges in realising socio-economic rights. The role played by courts in India and China in the protection and realisation of socio-economic rights is considered along with the use and limitations of public interest litigation in achieving these rights. Finally, the effectiveness of measures in realising socio-economic rights are evaluated in relation to specific rights such as the rights to food, health, education, social security, and gender equality.
Download or read book Effective Judicial Review written by C. F. Forsyth and published by . This book was released on 2010-03-25 with total page 506 pages. Available in PDF, EPUB and Kindle. Book excerpt: The use and scope of judicial review of government action has transformed across the common law world over the last forty years. This volume takes stock of the transformation, bringing together over 30 leading figures from academia and practice to analyse the major issues surrounding the legal reforms from theoretical and comparative perspectives. Coverage in the book spans the theoretical foundations of judicial review; the scope and functions of administrative justice; the conditions of judicial independence; recurring problems in legal doctrine; and issues in legal procedure. A final set of essays presents case studies of the experiences of reforming judicial review in different countries, including an extended section on judicial review in China.
Download or read book Constitutionalism in Asia in the Early Twenty First Century written by Hongyi Chen and published by Cambridge University Press. This book was released on 2014-04-17 with total page 453 pages. Available in PDF, EPUB and Kindle. Book excerpt: A systematic and up-to-date account of constitutional developments in sixteen Asian countries, including analysis from a comparative perspective.
