Constitutions and Human Rights

Treaty Amendments and Access to Justice at the East African Court

Treaty Amendments and Access to Justice at the East African Court

On 31 March 2017 the East African Court of Justice (‘the Court’) handed down its judgment in the case of Steven Deniss v The Attorney General of Burundi et al.....
One More Step Towards Human Rights Protection: Tunisia Allows Direct Access to the African Court on Human and Peoples’ Rights

One More Step Towards Human Rights Protection: Tunisia Allows Direct Access to the African Court on Human and Peoples’ Rights

On 16th April 2017, the Republic of Tunisia signed a declaration allowing individuals and NGOs to access the African Court on Human and Peoples’ Rights, as is required by Article...
Reinforcing Rights: Strengthening UN Human Rights Treaty Monitoring at a Time of Crisis

Reinforcing Rights: Strengthening UN Human Rights Treaty Monitoring at a Time of Crisis

The upcoming review of the UN’s human rights treaty bodies in 2020 provides an opportunity to increase the impact that these mechanisms have on States’ implementation of their human rights...
Is the Turkish Constitutional Referendum a Reflection of Democracy?

Is the Turkish Constitutional Referendum a Reflection of Democracy?

The constitutional referendum was held on 16 April in Turkey. In this referendum, the majority of Turkish people said “yes” to the constitutional amendments through which the Turkish governmental system...
A Precarious Future? Examining the UK Human Rights Act (with Sir Keir Starmer)

A Precarious Future? Examining the UK Human Rights Act (with Sir Keir Starmer)

The Human Rights Act incorporated the rights guaranteed in the European Convention on Human Rights into UK law. In this episode, we look at the Human Rights Act in a...
The White Paper on the Great Repeal Bill: Part III – More Bad News

The White Paper on the Great Repeal Bill: Part III – More Bad News

This is the final post on the human rights implications of the White Paper on the Great Repeal Bill. The first post argued that there was some good news to...
Derogating from Fundamental Human Rights under the Turkish State of Emergency

Derogating from Fundamental Human Rights under the Turkish State of Emergency

Five days after the coup failed on 15 July 2016 in Turkey, the Turkish government declared a state of emergency from 21 July 2016 for a period of ninety days,...
Norms and Conventions Meet Donald Trump

Norms and Conventions Meet Donald Trump

I previously promised evidence that Donald Trump disrespected norms designed to discipline presidential candidates and has since flouted constitutional conventions designed to keep partisanship within reasonable bounds, ensure governmental competence...
The U.S. Constitution, Constitutional Conventions, and President Trump

The U.S. Constitution, Constitutional Conventions, and President Trump

What is most concerning about the conduct of Donald Trump during and since the 2016 presidential campaign is not any potential violations of the U.S. Constitution. Most concerning are his...
After Miller: Legislating for Constitutional and Democratic Legitimacy

After Miller: Legislating for Constitutional and Democratic Legitimacy

In Miller, the Supreme Court ruled by majority that ministers have no prerogative power to invoke article 50(2) of the Treaty on European Union (TEU). The European Communities Act 1972...
Challenges of the EU’s Non-Accession to the ECHR – The Case of the EU Rule of Law Mission in Kosovo

Challenges of the EU’s Non-Accession to the ECHR – The Case of the EU Rule of Law Mission in Kosovo

In spite of its obligation under Art 6(2) of the Lisbon Treaty to accede to the ECHR, the EU has yet to do so. There are significant challenges in ensuring...
Miller, the European Union Withdrawal Bill, and the Non-explanatory Notes

Miller, the European Union Withdrawal Bill, and the Non-explanatory Notes

In her blog posting of January 24th 2017 about the decision of the Supreme Court in the Miller case, Professor Sandra Fredman very rightly observed that:- ‘One of the most...

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