The adjudication of socio-economic rights using administrative judicial review principles in Hong Kong

Abstract

Recently in Hong Kong, there has been an increasing number of socio-economic rights decisions being the subject matter of judicial review cases. The Hong Kong courts have begun from the original highly deferential approach to socio-economic policies and resource allocation questions to the now more willing approach to evaluate the legality of such decisions. Due to the specific nature and scope of socio-economic rights, which the courts have less experience to deal with compared to the more familiar civil and political rights …