Constitutions and Human Rights

Functional as the Enemy of Fair: Seizing the Moment for Rights-Based Abortion Reform in Aotearoa

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

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...
Abortion Law Reform 2020: Where, How and Why

Abortion Law Reform 2020: Where, How and Why

Abortion Law Reform 2020: Where, How and Why is a blog series by the Oxford Human Rights Hub which examines the process of legal change in six countries where significant...
Abortion Reform in Poland: Role of Powerful Multi-Actor Alliances

Abortion Reform in Poland: Role of Powerful Multi-Actor Alliances

Recent changes to Poland’s abortion law have caused alarm around the world and have been met with stark criticism of the international community. In October 2020 the Polish Constitutional Tribunal...
New Abortion Legislation in Northern Ireland

New Abortion Legislation in Northern Ireland

Abortion became decriminalised in Northern Ireland on 21st October 2019, with regulations setting out abortion access becoming effective on 31st March 2020. These regulations allow for abortion on request up...
Law Reforms on Abortion in India: The Need for a Nuanced Collaborative Approach

Law Reforms on Abortion in India: The Need for a Nuanced Collaborative Approach

India’s position within the global debate on abortion is unusual. Feminists in India have found themselves questioning the widespread endorsement of abortion as a method of population control, rather than...
Intercultural Constitutionalism in Peru

Intercultural Constitutionalism in Peru

Recently, the Constitutional Court of Peru issued a judgment in case 03158-2018-AA, concerning a writ of amparo in favor of the Marcapata rural patrols (rondas campesinas), who have been prosecuted...
Shaping the Future – Strategies for Change

Shaping the Future – Strategies for Change

In 2015, the world committed itself in the Sustainable Development Goals to ensuring universal access to sexual and reproductive health rights in the next 15 years. Yet throughout the world,...
Constitutional Changes in Scotland – II: Incorporation of International Treaties, Devolution, and Effective Accountability

Constitutional Changes in Scotland – II: Incorporation of International Treaties, Devolution, and Effective Accountability

This blog is the second of a two-part series on Scotland’s incorporation journey. Part 1 sets out the devolved landscape and discusses incorporation of the UN Convention on the Rights...
Constitutional Changes in Scotland – I: Incorporation of International Treaties, Devolution and Effective Accountability

Constitutional Changes in Scotland – I: Incorporation of International Treaties, Devolution and Effective Accountability

Scotland is on the precipice of significant subnational constitutional change through a programme of incorporation of international treaties. On 16 March 2021, the Scottish Parliament unanimously enacted the UNCRC (Incorporation)...
The Government’s Radical Theory of the Constitution

The Government’s Radical Theory of the Constitution

In its response to the Independent Review of Administrative Law, the Government has set out a theory of the constitution that animates its case for reform and informs its position...
The Unconstitutionality of Myanmar’s State of Emergency

The Unconstitutionality of Myanmar’s State of Emergency

On 1st of February 2021, the State Peace and Development Council (‘SPDC’) imposed a year-long state of emergency. The Burmese military invoked Article 417 of the Constitution of Burma, which...
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