South African court recognises a constitutional right to early childhood development
In a landmark order handed down in Friends of South Africa Early Childhood Development Forum & Others v MEC for KZNDoE, South Africa has become one of the first jurisdictions...
Malaysian Federal Court Upholds Whipping as Constitutional in Helmi Anuar & Ors v PP
In Helmi Anuar, the Malaysian Federal Court held that judicial whipping was constitutional, rejecting arguments that whipping violated Article 5(1) of the Federal Constitution (which prohibits deprivation of life and...
Doctrinal Incoherence and the Harm Principle in Parental Medical Decision-Making
Two recent Supreme Court decisions expose a fundamental instability in the constitutional framework governing parental medical decision-making for minors. In United States v. Skrmetti (2025), the Court upheld a categorical...
Chiles v. Salazar: A “Dangerous Can of Worms” Threatening States’ Ability to Protect Children from Harm
In Chiles v. Salazar (2026), the Supreme Court reversed, 8-1, a lower-court decision allowing Colorado to enforce its law protecting minors from conversion therapy, defined as the use of talk-based...
American Constitutional Law in the Shadows
The judiciary’s role in the American constitutional scheme, as Marbury v. Madison proclaimed, is to “say what the law is.” For other branches of government and the lower courts to...
