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OxHRH

“A Past Still Present”: Equal Rights Trust report explores discrimination and inequality in Egypt, eight years after the revolution

Camilla Alonzo - 28th January 2019

Constitutions Institutions and Nation Building

Last week marked the 8th anniversary of the Egyptian revolution – known as the “25 January revolution” – which led to the deposal of President Mubarak after 29 years in office. As with other countries that experienced popular uprisings during the Arab Spring, the post-revolutionary era in Egypt heralded the promise of freedom, equality and […]

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OxHRH

Indian Supreme Court Judge Calls for Abolishing the Death Penalty

Rahul Bajaj - 9th January 2019

Constitutions Institutions and Nation Building

In a powerful dissenting opinion that has reignited the debate on the retention of the death penalty in India, Justice Kurian Joseph of the Indian Supreme Court has called for a reassessment of the need for the death penalty. Justice Joseph’s dissent was delivered in an appeal by an accused sentenced to death for committing […]

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OxHRH

Coup, Constitution and Commission: Commission of Inquiry into Zimbabwean Electoral Violence Confirms Military Killings of Civilians

Jason Brickhill - 21st December 2018

Constitutions Institutions and Nation Building

In a series of earlier posts, I have tracked a series of events in Zimbabwe beginning with the military-assisted coup to remove Robert Mugabe and install Emmerson Mnangagwa as President. The coup of November 2017 and its assault on constitutionalism is the dark strand running through the ensuing events. In ‘Coup and Constitution’, I argued […]

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OxHRH

European Arrest Warrants and The Right to a Fair Trial: The Approach of the CJEU and ECtHR

Talitha Ramphal - 10th December 2018

Constitutions Institutions and Nation Building

A highly discussed issue within the EU is whether the extradition of individuals to Poland is permissible under EU Law. In December 2017, the European Commission submitted a reasoned proposal activating the Article 7 of the Treaty on the European Union (TEU) mechanism to determine whether there is a real risk of a serious breach […]

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OxHRH

A Human Rights Act for Queensland

Jack Maxwell - 26th November 2018

Constitutions Institutions and Nation Building

Queensland is soon to be the third Australian jurisdiction with a statutory bill of rights. Earlier this month, the Queensland Labor Government introduced the Human Rights Bill 2018 (Qld) to Parliament. While not perfect, the Bill is a significant step forward for human rights in Australia. Australia has limited constitutional protections for human rights, and […]

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OxHRH

González Carreño v. Spain: What can be Expected from the Spanish Supreme Court’s Ruling?

Parimal Kashyap - 7th November 2018

Constitutions Institutions and Nation Building

In what has been earmarked as a ‘revolutionary’ judgment in the field of international human rights law, the Spanish Supreme Court has ruled that views expressed by UN Human Rights Treaty Bodies (‘the Views’) are, in fact, legally binding on Spain. The judgment is extraordinary as it is a well-accepted position in international human rights law that decisions […]

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OxHRH

Poland’s Controversial Judicial Reforms in Bid to ‘De-communise’ the Country

Alexandra Tompson - 26th September 2018

Constitutions Institutions and Nation Building

Since coming into power, Poland’s ruling Law and Justice Party (PiS) has introduced controversial sweeping changes to the judiciary. Accusing Poland of undermining EU values and democratic principles, the EU Commission has been threatening to trigger Article 7  of the European Union Treaty: a process which would strip Poland of its voting rights. This week, the Commission […]

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OxHRH

Justice Anthony Kennedy’s Human Rights Legacy: Introduction to the Blog Series

Anne Marie Lofaso - 24th September 2018

Constitutions Institutions and Nation Building

Anthony McLeod Kennedy, born on January 23, 1936, to Irish Catholic parents, announced his retirement on June 27, 2018, after thirty years on the United States Supreme Court.  Known as the “swing vote” after Justice Sandra Day O’Connor retired in 2006, Justice Kennedy’s retirement twelve years later, while not unexpected, has created political division in […]

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OxHRH

The Rule of Law in Poland and the European Arrest Warrant: A Blessing in Disguise?

Joris Bertrand - 19th September 2018

Constitutions Institutions and Nation Building

On 25 July 2018 the Grand Chamber of the Court of Justice of the European Union (“CJEU”) ruled in Minister for Justice and Equality v LM that a judicial authority called upon to execute a European arrest warrant (“EAW”) must refrain from giving effect to it if it considers that there is a real risk […]

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OxHRH

Standard of Proof in Zimbabwe’s Presidential Petition: A Response

David Hofisi - 11th September 2018

Constitutions Institutions and Nation Building

On 5 September 2018, renowned scholar Alex Magaisa published a piece on the standard of proof in Zimbabwe’s presidential petition. He argued that the ruling of the Constitutional Court led to uncertainty regarding the standard of proof to void elections in Zimbabwe. This response investigates the extent to which such uncertainty exists. On 24 August […]

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OxHRH

Zimbabwe’s Presidential Petition: The Standard of Proof

Alex T. Magaisa - 5th September 2018

Constitutions Institutions and Nation Building

The Constitutional Court of Zimbabwe (the Court) last week upheld the election of Emmerson Mnangagwa as the duly elected president of Zimbabwe. The decision came after a legal challenge by Nelson Chamisa of the MDC Alliance.  I focus here on the crucial issue of the standard of proof in election challenges. The main parties were […]

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