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McCutcheon v FEC: The Harvest of Pernicious Seeds Sown in Buckley and Citizens United

McCutcheon v FEC: The Harvest of Pernicious Seeds Sown in Buckley and Citizens United

The US Supreme Court very recently handed down its decision in McCutcheon v Federal Election Commission, undoubtedly the most important campaign finance ruling since its controversial 2010 judgment in Citizens United. In a 5-4 decision, the Court ruled to abolish aggregate contribution limits which restricted how much an individual donor may contribute in total to [...]

CJEU Holds the Data Retention Directive Invalid

CJEU Holds the Data Retention Directive Invalid

In joined cases C-293/12 and C-594/12, the Court of Justice of the European Union ruled that Directive 2006/24/EC on the retention of data by service providers for the purposes of investigating, detecting and prosecuting serious crime was invalid. There was a disproportionate interference with the right to respect for private life and with the right to [...]

Perpetual Life Sentences, Reformation and the Indian Supreme Court

Perpetual Life Sentences, Reformation and the Indian Supreme Court

It is trite to say, or so we hope, that a retributive criminal justice system has no place in a society conceived from the idea that human rights in general, and human dignity in particular, is of paramount importance. As civilized societies dedicated to democracy and constitutionalism, a system of reformative justice seems but natural. [...]

RMT v United Kingdom: Sympathy Strikes and the European Court of Human Rights

RMT v United Kingdom: Sympathy Strikes and the European Court of Human Rights

In RMT v United Kingdom the European Court of Human Rights held that the ban on secondary action in the United Kingdom was a justified interference with the right to freedom of association in Article 11 of the ECHR. The RMT contended that its members employed by Hydrex were unable to take effective strike action [...]

P v Cheshire West and Chester Council: Shaping Deprivations of Liberty

P v Cheshire West and Chester Council: Shaping Deprivations of Liberty

The case of P v Cheshire West and Chester Council considered whether living arrangements for mentally incapacitated people necessarily constitute a deprivation of their liberty. Its significance lies in the fact that, where such a deprivation is found, deprivation of liberty safeguards (“DOLS”) must be put in place. DOLS are intended to ensure that individuals [...]

Sex Workers Equally Protected from Sexual Harassment as Other Workers – Says New Zealand Case

Sex Workers Equally Protected from Sexual Harassment as Other Workers – Says New Zealand Case

In 2003, New Zealand decriminalised sex work and established a system of safeguards for those engaged in such work through the Prostitution Reform Act.  Just over a decade later, the first major case has been heard highlighting some of the benefits of this regime.  The case is called DML v Montgomery and M & T [...]

Cheshire West and the Repugnant Conclusion

Cheshire West and the Repugnant Conclusion

The Supreme Court’s judgment(s) in Cheshire West [2014] UKSC 19 stirred up the expected storm. By siding with the approach urged upon it by the Official Solicitor, the Court has inevitably increased the numbers who will fall within the category of persons “deprived of their liberty”. Not only will this increase the numbers of people [...]

Inspiring Change Through Law for International Women’s Day

Inspiring Change Through Law for International Women’s Day

March 8th is International Women’s Day, formally observed by the United Nations in recognition of the fact that ‘securing peace and social progress and the full enjoyment of human rights and fundamental freedoms require the active participation, equality and development of women’ and to acknowledge ‘the contribution of women to strengthening the strengthening of international [...]

Throwing Away The Key – Whole Life Sentences in the Court of Appeal

Throwing Away The Key – Whole Life Sentences in the Court of Appeal

Flouting the judgment of the European Court of Human Rights (ECtHR) in Vinter v UK, the UK Court of Appeal has held that whole life sentences do not violate Article 3 ECHR (R v McLoughlin – see Neil Shah’s blog post from earlier last week). This post explains why the Court of Appeal decision is [...]

South African Judge Lays Down the Law on the Right to a Basic Education

South African Judge Lays Down the Law on the Right to a Basic Education

In previous posts, Chris McConnachie has documented the rise and the successes of South Africa’s emerging education adequacy movement.  In this post he analyses the movement’s most recent victory in the battle for adequate school furniture. One of the most visible manifestations of the ongoing crisis in South African education is the severe shortage of [...]

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A Quick Overview

Blog posts have been coming in thick and fast over the last month. To help you get up to speed, the editorial team has put together a quick summary of some of the major themes. Justice Verma Committee on Indian sexual violence laws The Justice Verma Committee submitted its report on the reform of India’s [...]