Why the Kenyan Supreme Court erred in limiting justiciability of rights through the Limitation of Actions Act: the Zehrabanu Appeal
The Supreme Curt of Kenya (SCORK has through Zehrabanu Janmohamed and Another v Nathaniel K. Lagat 4 Others, found that the right to seek an enforcement of a right under...
The Dangerous Path of Mexico’s Judicial Reform: What is at Stake for Judicial Independence in the Americas
Recently, Mexico’s President proposed a series of initiatives to reform the judiciary. This blog focuses on two of its elements: (1) replacing all judges with new ones elected by popular...
Calpurnia’s Dream: the Menace of Mob Lynching in India
The repeated reported incidents of mob lynching in India represent a growing negation of fundamental right to life and liberty encapsulated in Article 21 of the Indian Constitution. This is...
Labour Justice for India’s Community Care Workers (Part I)
Under India’s National Health Mission and the Integrated Child Development Scheme, a group of workers, referred to here as ‘scheme workers’, are employed by the government as part of a...
The Quebec Court of Appeal’s Ruling on Bill 21: The Uncertain Future of Fundamental Rights
On 29 February 2024, the Quebec Court of Appeal upheld the validity of the Act respecting the laicity of the State, better known as “Bill 21.” This law, passed under...
Neither Leftovers nor Crumbs: Misunderstanding the Right to Food in India
One of the most enterprising initiatives undertaken by the Supreme Court of India (the Court) has been the recognition of a legal standalone right to food which mandates the government...
Corroboration as Sex Discrimination: The Equality Implications of Sexual Offence Cases in Malawi
Image description: Graffiti on the wall of three women with red blindfolds over their eyes. In Kaliyati v R (Criminal Appeal 109 of 2018) [2020], judge Fiona Mwale asserts that...
The Government’s Radical Theory of the Constitution
In its response to the Independent Review of Administrative Law, the Government has set out a theory of the constitution that animates its case for reform and informs its position...
The Independent Review of Administrative Law: The Government Response and Consultation Exercise
In two earlier blogs I considered the IRAL Panel’s Report and a central feature of the government response, which was premised on the assumption that courts were exceeding the bounds...
The Independent Review of Administrative Law-The Government Response
The government’s response to the Panel’s report was brief, Judicial Review: Proposals for Reform – Ministry of Justice – Citizen Space. It welcomed the Report, and made clear that it...
The Independent Review of Administrative Law-The Panel Report
The Report of the Independent Review of Administrative Law (IRAL) was made public on 16 March. It stretches to 195 pages in total, although one third of this comprises annexes...
Human Rights, International Law and The United Kingdom Internal Market Bill 2020
The recently published United Kingdom Internal Market Bill 2020 has caused – to put it mildly – quite a stir upon its arrival. Partly due to the Government’s admission that...
