Measures to curb the COVID-19 pandemic in Kosovo have been subject to political contest and legal challenge. In a press conference on March 17, 2020, the President of Kosovo Hashim...
Comparative Bicameralism: A Survey of Global Approaches
Bicameral relations are not static and the longer-term trend has been for upper houses to become less influential.
Proportionality and Constitutional Review
There is a temptation to think that issues of normative choice and balancing are more complex in public than private law. This should be resisted.
Reinvigorating Bicameralism in India
The bicameral structure of government was constitutionally designed to serve functions that enhance the autonomy of the individual.
Proportionality in India: A Bridge to Nowhere?
The Indian Supreme Court’s invocation of the structured proportionality test is a bridge to nowhere....
New Beginnings: Indian Rights Jurisprudence After Puttaswamy
Puttaswamy opens up the possibility of Constitution 3.0 that places the individual at the center and through a culture of justification prevents the State or social power from overwhelming the...
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...
