Thomas Yeon

Private law protection of human rights from corporate abuses: deep and meaningful?

1 Comment / Public Law, Thomas Yeon /

Commentary on Lungowe and others v Vedanta Resources plc and Kokola Copper Mines plc [2019] UKSC 201 The need to secure individual human rights from corporate malpractice is of increasing importance in recent years in light of industrial incidents causing considerable injury to individuals and damage to properties and the environment.2 The UK Supreme Court’s recent decision in Lungowe […]

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The delicate balance between Carl Schmitt’s constituent power and liberal constitutionalism: a misunderstood and over-complicated dichotomy?

1 Comment / Public Law, Thomas Yeon /

The tension between constituent power and a liberal theory of constitutionalism is important in constitutional theory as they paint very different perceptions of the nature of authority in a constitution. Constituent power is “the power through which the prince’s power to rule was authorised,”1 and its primary function is to “specify in constitutional language the ultimate

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Public sneaking into private horizontally: the development of private law as supported by the Human Rights Act 1998

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Case note: Fearn and others v The Board of Trustees of the Tate Gallery [2019] EWHC 246 (Ch) The incorporation of the European Convention on Human Rights (“ECHR“) into domestic law under the Human Rights Act 1998 (“HRA“) is not solely concerned with actions against the institutions of the State, otherwise categorised as “core” public authorities.1 It also

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Extraditing suspects and safeguarding human rights – a tangled tale

Leave a Comment / Claudia Tam, Public Law, Thomas Yeon /

**Commentary on Kyung Yip Kim v Ministry of Justice of New Zealand and another [2019] NZCA 209 and insights on the Fugitive Offenders and Mutual Legal Assistance in Criminal Matters Legislation (Amendment) Bill 20191 As a special administrative region of the People’s Republic of China (“PRC“), the relationship between Hong Kong and the PRC in terms of legal

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Coherence and consistency: the need to avoid judicial confusion and its consequences under the Human Rights Act 1998

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**Case Note: In re Siobhan McLaughlin [2018] UKSC 481 The thorny nature of a declaration of incompatibility (“DoI“) under section 4 Human Rights Act 1998 (“HRA“), and its role vis-a-vis the Parliament in alerting the latter to Convention-incompatible legislations, has been of topical interest for understanding the role of the courts in the context of protection of

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A tale of two systems: separation or separability of Hong Kong common law and Chinese socialist legal system?

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**Case note: Sixtus Leung v President of the Legislative Council  HCAL 1160, 1164, 1165, 1171 & 1178/20181 As a special administrative region of the People’s Republic of China (“PRC“), Hong Kong’s common law system is unique: it is not subordinate to the civil law system in PRC, but the Standing Committee of the National People’s Congress (“NPCSC“),

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“I felt cheated”[1]: a lost opportunity for upholding a right to terminate life with dignity

1 Comment / Public Law, Thomas Yeon /

Case note: R (on the application of Conway) v Secretary of State for Justice (27 November 2018)2 The topical issue of assisted dying (“AD”) has shadowed over medical law and human rights law with numerous considerations, including the need to respect the patient’s right to family life and safeguarding the sanctity of life.3 Since the Supreme Court’s seminal

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A symphony of parliamentary sovereignty

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— Case note: Case C-621/18 Wightman v Secretary of State for Exiting the European Union Since the Supreme Court’s (“SC”) landmark judgement in R (on the application of Gina Miller) v Secretary of State for Exiting the European Union,1 the legal position and powers of the Westminster Parliament have been at the epicentre of the Brexit legal conundrum.

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Medical exceptionalism: Best Interests From a Human Rights Perspective

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Case note: Y v An NHS Trust and others [2018] UKSC 461 The question over the necessity of obtaining court order for terminating clinically assisted nutrition and hydration (“CANH”) for patients with minimal prospects of recovery reflects  two competing  concerns: (i) the right to respect the private and family life of the patient and his/her family,2 and

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