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Nick Barber - 31st August 2019
The idea of constitutional hardball was introduced to the world by Mark Tushnet. The sport is played when political actors decide the stakes are so high that any lawful action is justified, no matter how constitutionally problematic: hardball stays within the confines of the law, but runs against the spirit, and sometimes the conventions, of […]
Danielle Roberts - 25th August 2019
It’s the middle of a busy month for the LGBT+ sector in Northern Ireland, with four Pride festivals taking place across the province. Normally the summer is a bit of a lull when it comes to legislative politics. But July 2019 was different. Some very creative politicking saw amendments added to the Northern Ireland (Executive […]
Martin Kwan - 25th August 2019
In Australia, the Australian Public Service (‘APS’) is statutorily required to be ‘apolitical, performing its functions in an impartial and professional manner’ (s 10(1) of the Public Service Act 1999 (‘PSA’)). The employees of the APS are required to uphold this value and reputation ‘at all times’ (s 13(11) PSA). In the recent High Court […]
Vatsala Poddar - 25th August 2019
The right to information is often understood as essential for the effective exercise of the right to expression, including within the latter’s ambit, not just information disseminators, but also information seekers. The UN Human Rights committee has acknowledged Article 19 of the ICCPR to include a general right of access to information held by public […]
Jason Brickhill - 21st August 2019
On 26 July 2019, the High Court approved a settlement between 20 goldmining companies operating in South Africa (including African Rainbow Minerals, Anglo American, AngloGold Ashanti, Gold Fields, Harmony Gold) and representative plaintiffs in the silicosis class action, described as unprecedented in its scale and complexity. The settlement establishes the Tshiamiso Trust worth at least […]
Rongeet Poddar - 14th August 2019
In a chilling throwback McCarthyism in the United States, India’s Parliament has passed the Unlawful Activities (Prevention) Amendment Bill, 2019 which will allow the Central government to designate individuals as ‘terrorists’ without the exercise of due process of law. The Bill received the assent of the Upper House of the Indian Parliament, the Rajya Sabha, […]
Lizzie Barmes - 13th August 2019
In June 2019 the UK Parliament’s Women and Equalities Select Committee (‘WESC’) published a report on the use of non-disclosure agreements (‘NDAs’) in discrimination cases, focussing on settlement. This built on inquiries into sexual harassment, pregnancy and maternity discrimination, and enforcement. Parliamentary investigations into the shadowy world of NDAs are especially valuable for policy-makers and academics […]
Tuur Desloovere - 11th August 2019
A decision of the Belgian Constitutional Court is the latest in a series of judgments in Europe deciding essentially the same question: should non-binary gender identities be recognized by (non-binary) gender/sex markers on official documents? This post explores the different answers offered by courts across Europe. On 19 June 2019, the Belgian Constitutional Court ruled […]
Saeed Bagheri and Amin Bagheri - 5th August 2019
Following the US-imposed oil embargo and a web of hard-hitting economic sanctions, Iran’s economy and the lives of Iranian civilians have been hit hard a year after the US withdrawal from the 2015 Nuclear Deal (JCPOA). In May 2018, Donald Trump formally pulled the US out of the Nuclear Deal in order to reimpose the sanction against Iran as a […]
Dahee Chung and Andrew Wolman - 4th August 2019
Since 1953, abortion has been illegal in Korea, except for cases of rape, incest, severe genetic disorders, specific diseases, or threat to a woman’s health. There is a maximum two-year sentence for doctors who perform the procedure, and women who have abortions are subject to a fine and prison sentence of up to a year. […]
Ligia De Jesús Castaldi - 2nd August 2019
The Inter-American Commission on Human Rights (IACHR), one of two major human rights bodies of the Organization of American states (OAS), has been subject to some political controversy lately over its involvment in controversial human rights issues, such as the creation of abortion rights. Headquartered in Washington D.C. and deriving about half of its budget […]
Jefferi Hamzah Sendut - 31st July 2019
The ‘clearance operations’ commenced in August 2017 against Myanmar’s Rohingya Muslim population by the State’s military, known as the Tatmadaw, were beset with criminality. Investigating the campaign led the UN Independent International Fact-Finding Mission (IIFFM) for Myanmar to recommend the prosecution of Tatmadaw officials for genocide, crimes against humanity and war crimes. As of June […]