A Common Denominator: The Role of the Anti-Exclusion Principle in Freedom of Religion Cases
The anti-exclusion principle is helpful as a common denominator for considering cases of conflict between religious autonomy and equality claims.
U of OxHRH J
An Equal Right to Freedom of Religion: A Reading of the Supreme Court’s Judgment in Sabarimala
Religious denominations cannot exercise their autonomy in a manner that degrades basic human dignity.
Comparative Bicameralism: A Survey of Global Approaches
Bicameral relations are not static and the longer-term trend has been for upper houses to become less influential.
Proportionality and Constitutional Review
There is a temptation to think that issues of normative choice and balancing are more complex in public than private law. This should be resisted.
Reinvigorating Bicameralism in India
The bicameral structure of government was constitutionally designed to serve functions that enhance the autonomy of the individual.
Proportionality in India: A Bridge to Nowhere?
The Indian Supreme Court’s invocation of the structured proportionality test is a bridge to nowhere....
The Judicial Role in the Surveillance State
The courts’ responsibility to check abuses of power is heightened in a context where secrecy reigns....
The Surveillance State, Privacy and Criminal Investigation in India: Possible Futures in a Post-Puttaswamy World
With a strong conception of privacy focussed on individual liberty after Puttaswamy, there is now a starting point for insisting on judicial oversight of surveillance.
New Beginnings: Indian Rights Jurisprudence After Puttaswamy
Puttaswamy opens up the possibility of Constitution 3.0 that places the individual at the center and through a culture of justification prevents the State or social power from overwhelming the...
Using Science for Justice: The Implications of the Expert Consensus Statement on Zimbabwe’s HIV Criminalisation Law
Criminalising HIV emboldens the dangerous myth that people living with HIV are culpable for the epidemic.
Any Act, Any Harm, To Anyone: The Transformative Potential of “Human Rights Impacts” Under the UN Guiding Principles on Business and Human Rights’ (2019) U of OxHRH J 120
‘Impacts’ go far beyond ‘violations’ to cover any act that removes or reduces an individual’s enjoyment of human rights....
‘Abortion, Reproductive Rights and the Possibilities of Reproductive Justice in South African Courts’ (2019) U of OxHRH J 88
Asserting individual reproductive autonomy affirms women’s personhood, moral agency, bodily integrity and self-determination, and is foundational to their ability to participate equally in society....
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