Constitutions and Human Rights

Syrians Hopeful for a New Era as the Much-Awaited Constitutional Committee is formed

Syrians Hopeful for a New Era as the Much-Awaited Constitutional Committee is formed

In September, 2019, the United Nations Secretary General announced the formation of the long awaited Syrian Constitutional Committee, which was subsequently convened on 30th October, 2019. The Committee is constituted...
Comparative Human Rights Law Book Launch: Sandy Fredman in Conversation with Edwin Cameron

Comparative Human Rights Law Book Launch: Sandy Fredman in Conversation with Edwin Cameron

This is a special episode of RightsUp, which takes Sandy Fredman’s new book, Comparative Human Rights Law, as a starting point for global conversation around the role of law, lawyers,...
The UK Supreme Court’s “One Off” Judgment

The UK Supreme Court’s “One Off” Judgment

It was a “one off”. A conclusive determination on a series of seismic constitutional clashes: representative democracy versus direct democracy, the executive versus Parliament, and the role of the Court...
Prorogation: Three Assumptions

Prorogation: Three Assumptions

Litigation is often predicated on certain assumptions. These may be the result of argumentation of the parties, the reasoning of the courts or an admixture of the two. The assumptions...
Prorogation: A View from Canada

Prorogation: A View from Canada

Just over a decade ago, large numbers of Canadians turned to Google’s search engine’s algorithm to shed light on a political crisis named after a parliamentary procedure most people had...
Prorogation: Constitutional Principle and Law, Fact and Causation

Prorogation: Constitutional Principle and Law, Fact and Causation

The Prime Minister’s recent announcement that Parliament would be prorogued, thereby severely curtailing the opportunity for parliamentary debate, raises important issues of constitutional principle and law, and also issues concerning...
Playing Hardball with the Queen

Playing Hardball with the Queen

The idea of constitutional hardball was introduced to the world by Mark Tushnet. The sport is played when political actors decide the stakes are so high that any lawful action...
Constitutionality of India’s Unlawful Activities (Prevention) Amendment Bill, 2019: India’s McCarthyism Moment

Constitutionality of India’s Unlawful Activities (Prevention) Amendment Bill, 2019: India’s McCarthyism Moment

In a chilling throwback McCarthyism in the United States, India’s Parliament has passed the Unlawful Activities (Prevention) Amendment Bill, 2019 which will allow the Central government to designate individuals as...
South African Supreme Court of Appeal Confirms Remedy of ‘Constitutional Remedy’ for Homeless People Whose Property is Destroyed by State

South African Supreme Court of Appeal Confirms Remedy of ‘Constitutional Remedy’ for Homeless People Whose Property is Destroyed by State

On 3 April 2019, the South African Supreme Court of Appeal (SCA) handed down judgment in the matter of Ngomane & others v City of Johannesburg Metropolitan Municipality & Another...
A Human Rights Act for Queensland

A Human Rights Act for Queensland

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...
Human Rights, Criminal Law, and Rural and Native Communities in Peru

Human Rights, Criminal Law, and Rural and Native Communities in Peru

Recently, the Constitutional Court of Peru issued a judgment in the case 7009-2013-PHC/TC, concerning a writ of habeas corpus in favor of two members of the Tres Islas Native Community,...
Coup, Constitution and the Court: Zimbabwean Constitutional Court whitewashes flawed rigged elections

Coup, Constitution and the Court: Zimbabwean Constitutional Court whitewashes flawed rigged elections

Today, the Constitutional Court dismissed a legal challenge to Zimbabwe’s presidential elections. In my previous post, I reported on the conduct of the elections and the ensuing military crackdown. Information...

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