Constitutions and Human Rights

The bogey of judicial overreach in South Africa: A note on Economic Freedom Fighters v Speaker of the National Assembly

The bogey of judicial overreach in South Africa: A note on Economic Freedom Fighters v Speaker of the National Assembly

Discussions over the contours of the separation of powers principle in South Africa continue to smoulder. During President Jacob Zuma’s term, this dialogue was in overdrive mode. Recently, in Economic...
Irish High Court rules Constitution protects a ‘Right to an Environment’

Irish High Court rules Constitution protects a ‘Right to an Environment’

The recent 2017, Irish High Court judgment on environmental rights has been described as ‘historic’ as it declared that the Irish Constitution protects an un-enumerated personal constitutional ‘right to an...
The Hidden Cost of the Death Penalty in India

The Hidden Cost of the Death Penalty in India

The death penalty needs to have significant social benefits, not attainable with the next most severe form of punishment, life imprisonment, for it to be justified. Existing arguments already show...
Reflections On The Rhodes University Travelling Fellowship

Reflections On The Rhodes University Travelling Fellowship

As one of two holders of the inaugural Oxford Human Rights Hub Travelling Research Fellowship, I have had the valuable opportunity to work in the Law Faculty at Rhodes University,...
Waitangi Day: Rights, Sovereignty and the Politics of a National Day

Waitangi Day: Rights, Sovereignty and the Politics of a National Day

New Zealand celebrated its national day this week. Unlike Canada Day which marks the anniversary of the Canadian federation, or Australia Day which marks the anniversary of the establishment of...
Four Reasons for Retaining the Charter: Part 4 – The Counter-Arguments and their Weaknesses

Four Reasons for Retaining the Charter: Part 4 – The Counter-Arguments and their Weaknesses

The previous three posts examined the reasons for retaining the EU Charter of Fundamental Rights in UK law after Brexit, focusing on its broader, more modern protection of rights, the...
Four Reasons for Retaining the Charter: Part 3 – Clarity and Democracy

Four Reasons for Retaining the Charter: Part 3 – Clarity and Democracy

The previous two posts argued that there were good reasons to retain the EU Charter of Fundamental Rights in terms of the broader, more modern scope of rights that it...
Four Reasons for Retaining the Charter: Part 2 – Remedies

Four Reasons for Retaining the Charter: Part 2 – Remedies

The previous blog post drew attention to the way in which the scope of rights protected in the UK may be diminished post Brexit if the EU Charter of Fundamental...
Four Reasons for Retaining the Charter Post Brexit: Part 1 – A Broader Protection of Rights

Four Reasons for Retaining the Charter Post Brexit: Part 1 – A Broader Protection of Rights

This series of short blog posts will argue that there are four main reasons for allowing the EU Charter of Fundamental Rights to continue to have domestic effect in UK...
The Soviet Legacy and Current Human Rights Debates

The Soviet Legacy and Current Human Rights Debates

A recent post by Steven Jensen has suggested that a model of ‘generations of rights’ – civil and political rights; economic, social, and cultural rights; and collective or solidarity rights...
Learning Lessons from Litigators: Implementation and Follow-Up

Learning Lessons from Litigators: Implementation and Follow-Up

The kind of remedial relief sought might differ on the basis of whether the government has failed to realise the right to education or whether a private provider of education...
Learning Lessons from Litigators: Party Interaction

Learning Lessons from Litigators: Party Interaction

Remedial strategy should be developed at the early stages of preparing for litigation, as the desired remedial relief will often inform the way the claim should be formulated. An important...

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