Defending legality in judicial appointments: The European Court of Human Rights and the Polish constitutional crisis [Part 2]
This is what happened in Poland. The Supreme Court made a preliminary reference about the appointment of the members of its Disciplinary Chamber (DC). The CJEU considered that there were...
Defending legality in judicial appointments: The European Court of Human Rights and the Polish constitutional crisis [Part1]
That the Polish constitutional crisis would have had serious human-rights implications was clear from the start. It would have been naïve to assume that the CoE would not have had...
Federal Shariat Court of Pakistan declares the custom of Swara as un-Islamic and unconstitutional
On 25 October 2021, a three-judge bench of the Federal Shariat Court of Pakistan (FSC) headed by the FSC Chief Justice delivered the landmark judgement in Sakeena Bibi V. Secretary...
The Potential of Bold Remedial Relief to Enforce Socio-Economic Rights in South Africa – Komape v Minister of Basic Education
Komape v Minister of Basic Education concerns the unsafe, undignified sanitation facilities in schools in the Limpopo province of South Africa, which violate a host of learners’ constitutional rights. The...
Proposed Voter ID Reforms in the UK: The Dangers of ‘Fraud’ Based Regulation
The UK government’s Election Bill containing controversial Voter ID provisions is progressing with haste through parliament this month, despite significant alarm over its potential impact. Whilst the government claims the...
What Remains Following the UNCRC (Incorporation) (Scotland) Bill Reference Judgment?
The United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Bill (UNCRC Bill) passed through Scottish Parliament by a unanimous vote on 16 March 2021. The highly anticipated...
A Golden Passport to Crime and Corruption: European Values on Trial
The Law Office of the Republic of Cyprus recently released a final report, just shy of 800 pages and drafted entirely in Greek, of an independent inquiry that was set...
The Kenyan Court of Appeal’s BBI Judgment: Omnibus Bill or Separate Referenda Questions?
[Editor’s Note: On 20th August 2021, the Kenyan Court of Appeal delivered a landmark judgment in a set of consolidated cases known as “the BBI Appeals”. By a majority, the...
“If Abortion Is a Crime, the State Is the Criminal”: The Role of Reproductive Justice Movements in Challenging South Korea’s Abortion Ban
Abortion was completely decriminalised in South Korea on January 1, 2021 following the Constitutional Court decision that the criminal codes on abortion were unconstitutional. This historic decision was closely related...
UK’s Approach Towards the Jurisprudence of the European Court of Human Rights
In R (on the application of AB) v Secretary of State for Justice, the teenage Appellant was sentenced for imprisonment at the Feltham Young Offenders’ Institution. Due to his problematic...
Functional as the Enemy of Fair: Seizing the Moment for Rights-Based Abortion Reform in Aotearoa
Aotearoa New Zealand is often cited (with varying degrees of romanticism) as a light of liberal progressivism. It is therefore perhaps surprising that a legal framework which criminalised abortion endured...
Respecting Subsidiarity While Guaranteeing the Right to a Tribunal Established in Accordance with National Law: From Astradsson to Xero Flor
International bodies like the ECtHR should not easily substitute their assessment for that of national judges who have analysed a human-rights issue ‘properly’. So much is dictated by subsidiarity; and...
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