Hong Kong’s migrant workers and their impact on the rule of law narrative

James Andrew RICE

Research output: Journal PublicationsJournal Article (refereed)Researchpeer-review

Abstract

Hong Kong’s adherence to the rule of law has been widely understood as one of its “core values.” As such, it has been understood as an institution necessary for good governance and a check against the abuse of governmental power as well as a feature that differentiates Hong Kong’s system of governance from other parts of China. At the same time, intervening issues of immigration and of constitutional interpretation have begun to challenge this perception. This paper argues that a recent landmark decision involving the right to permanent residence has served to weaken the rule of law in Hong Kong. It has further highlighted a lack of commitment by the judiciary to either human rights claims or equal treatment under the law.
Original languageEnglish
Pages (from-to)221-239
Number of pages19
JournalInternational Journal of Applied Philosophy
Volume29
Issue number2
DOIs
Publication statusPublished - 1 Oct 2015

Fingerprint

migrant worker
constitutional state
narrative
equal treatment
good governance
judiciary
Hong Kong
immigration
human rights
abuse
commitment
governance
China
interpretation
Law
lack
Values

Cite this

@article{9c5035ecb99d425a86532f052baa8d03,
title = "Hong Kong’s migrant workers and their impact on the rule of law narrative",
abstract = "Hong Kong’s adherence to the rule of law has been widely understood as one of its “core values.” As such, it has been understood as an institution necessary for good governance and a check against the abuse of governmental power as well as a feature that differentiates Hong Kong’s system of governance from other parts of China. At the same time, intervening issues of immigration and of constitutional interpretation have begun to challenge this perception. This paper argues that a recent landmark decision involving the right to permanent residence has served to weaken the rule of law in Hong Kong. It has further highlighted a lack of commitment by the judiciary to either human rights claims or equal treatment under the law.",
author = "RICE, {James Andrew}",
year = "2015",
month = "10",
day = "1",
doi = "10.5840/ijap201612651",
language = "English",
volume = "29",
pages = "221--239",
journal = "International Journal of Applied Philosophy",
issn = "0739-098X",
publisher = "Philosophy Documentation Center",
number = "2",

}

Hong Kong’s migrant workers and their impact on the rule of law narrative. / RICE, James Andrew.

In: International Journal of Applied Philosophy, Vol. 29, No. 2, 01.10.2015, p. 221-239.

Research output: Journal PublicationsJournal Article (refereed)Researchpeer-review

TY - JOUR

T1 - Hong Kong’s migrant workers and their impact on the rule of law narrative

AU - RICE, James Andrew

PY - 2015/10/1

Y1 - 2015/10/1

N2 - Hong Kong’s adherence to the rule of law has been widely understood as one of its “core values.” As such, it has been understood as an institution necessary for good governance and a check against the abuse of governmental power as well as a feature that differentiates Hong Kong’s system of governance from other parts of China. At the same time, intervening issues of immigration and of constitutional interpretation have begun to challenge this perception. This paper argues that a recent landmark decision involving the right to permanent residence has served to weaken the rule of law in Hong Kong. It has further highlighted a lack of commitment by the judiciary to either human rights claims or equal treatment under the law.

AB - Hong Kong’s adherence to the rule of law has been widely understood as one of its “core values.” As such, it has been understood as an institution necessary for good governance and a check against the abuse of governmental power as well as a feature that differentiates Hong Kong’s system of governance from other parts of China. At the same time, intervening issues of immigration and of constitutional interpretation have begun to challenge this perception. This paper argues that a recent landmark decision involving the right to permanent residence has served to weaken the rule of law in Hong Kong. It has further highlighted a lack of commitment by the judiciary to either human rights claims or equal treatment under the law.

UR - http://commons.ln.edu.hk/sw_master/6137

U2 - 10.5840/ijap201612651

DO - 10.5840/ijap201612651

M3 - Journal Article (refereed)

VL - 29

SP - 221

EP - 239

JO - International Journal of Applied Philosophy

JF - International Journal of Applied Philosophy

SN - 0739-098X

IS - 2

ER -