The Conventionality Control Doctrine of the Inter-American Court of Human Rights: a Critical Approach
Since 2006, the Inter-American Court of Human Rights (IACtHR) has developed the “Conventionality Control”doctrine. Similar to “Constitutional Review”, which seeks to establish the prevalence of the Constitution of each state...
Gender Parity in the Chilean Constitutional Convention: What Does it Mean for Chilean Democracy?
Recently, on March 4, 2020, the two chambers of the Chilean Congress approved gender parity for the election of the Constitutional Convention that will shape the new Chilean Constitution. What...
Trumping Human Rights in the United States? The Commission on Unalienable Rights
It is a common and very productive exercise, within contemporary philosophical or anthropological inquires, to examine the foundations and content of human rights. What’s more unusual is for a nation-state...
South African court rejects petition to award constitutional damages and extend emotional shock and grief claims in pit-latrine drowning case
In 2014, 5-year old Michael Komape tragically drowned in a sludge of human excrement when the pit-latrine at his rural school in the Limpopo province collapsed. While the Supreme Court...
Comparative Human Rights Law Book Launch: Sandy Fredman in Conversation with Colm O’Cinneide
Law, as a starting point for global conversation around the role of law, lawyers, courts, and judges in forwarding human rights in different contexts. Each episode will delve into the...
Protests, Riots, Inequality and a New Constitution for Chile
Chile is in the middle of constitutional upheaval as president Piñera announced — although in a vague and obscure fashion — the need to reach a social agreement in order...
Comparative Human Rights Law Book Launch: Sandy Fredman in Conversation with Justice S. Muralidhar
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,...
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
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
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
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
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...
