The Great Dissent: Justice Ruth Bader Ginsburg and Shelby County v. HolderUnited States, Judges' Legacy, Race, Right to Equality and Non-Discrimination, Right to VoteDissents speak to a future age. … [T]he greatest dissents do become court opinions and gradually over time their ...
Equal Marriage – Unequal ParenthoodGermany, Children's Rights, Gender, Right to Equality and Non-Discrimination, Sexual OrientationIn 2017, same-sex couples in Germany were granted the right to marry. While the legislator’s decision was ...
Administrative Automated Decision-Making: What About the Right to an Effective Remedy?European Union, Access to Justice, Criminal Justice and Fair TrialAutomated decision-making (‘ADM’) systems are algorithm decision-making tools, which issue either a partial or a ...
IEA v Brazil: Rights-Based Climate Litigation to Protect the Brazilian AmazonBrazil, Environment, Right to Life“[C]limate stability is a new social need, essential to the preservation of human life and ecological balance.” ...
Grappling with Danger: Some Lessons from Urgenda v The NetherlandsNetherlands, EnvironmentThe landmark judgement of the Dutch Supreme Court in Urgenda Foundation v State of the Netherlands has inspired ...
The Federal Court of Malaysia held state Syariah law criminalising ‘unnatural sex’ void and unconstitutionalMalaysia, Right to Equality and Non-Discrimination, Right to Freedom of Religion, Sexual OrientationOn 25 February 2021, the Federal Court of Malaysia delivered a landmark judgment, declaring that Section 28 of the ...
Mencap and Uber in the Supreme Court: Working Time Regulation in an Era of CasualisationUnited Kingdom, Labour Rights, Socio-Economic RightsIn recent weeks, two long-awaited UK Supreme Court judgments have offered strikingly divergent reflections on the ...
Constitutional Changes in Scotland – II: Incorporation of International Treaties, Devolution, and Effective AccountabilityScotland, Access to Justice, Constitutions and Human RightsThis blog is the second of a two-part series on Scotland’s incorporation journey. Part 1 sets out the devolved ...
Creation of a Genetic Bank in India: Unconstitutional and Threat to Human RightsIndia, Criminal Justice and Fair Trial, Right to Equality and Non-Discrimination, Right to PrivacyThe DNA Technology (Use and Application) Regulation Bill seeks to facilitate the application of DNA-based forensic ...
The Mirage of Accountability: Overseas Development Aid and the LawUnited Kingdom, Access to JusticeThe cutting of overseas development aid (ODA) from the globally recognised standard of 0.7 percent gross national ...
Constitutional Changes in Scotland – I: Incorporation of International Treaties, Devolution and Effective AccountabilityScotland, United Kingdom, Children's Rights, Constitutions and Human RightsScotland is on the precipice of significant subnational constitutional change through a programme of incorporation ...
The Government’s Radical Theory of the ConstitutionUnited Kingdom, Constitutions and Human Rights, Role of the JudiciaryIn its response to the Independent Review of Administrative Law, the Government has set out a theory of the ...