Learning Lessons from Litigators: Dealing with Non-Compliance
What if it becomes clear that the government or private provider of education is failing to comply with the terms of the remedial order? The implementation of remedies is key...
Constitutions and Human Rights
The View Beyond Brexit: Equality Rights in Northern Ireland After Divorce (with Evelyn Collins)
The EU has played an important role both internationally and domestically in EU member states, in developing and protecting equality rights in the interest of ensuring peace and security. UK...
The Impact of Brexit on Human Rights in Northern Ireland (with Colin Harvey)
On December 8 2017, news broke that the UK has reached a deal with the EU. Theresa May announced that there would be no hard border between Ireland and Northern...
Learning Lessons from Litigators: Timing the Litigation
In realizing a right to education, lawyers need to move beyond the nuts and bolts of the law and consider these broader issues. We start with the tricky issue of...
Learning Lessons from Litigators: The Role of the Client
It is always tempting to focus on the public interest aspects of the claim but it is crucial not to lose sight of the client. The lawyer has to strike...
Learning Lessons from Litigators: Framing the Litigation
Lawyers must make numerous decisions throughout the litigation—both legal and non-legal. This can raise a confusing minefield of both promises and pitfalls. In this block, we look at the legal...
Learning Lessons from Litigators: Innovative Strategies
The unique nature of public interest lawyering—using court process to prompt transformative change—requires lawyers to be creative. Lawyers must have a strong knowledge of the law and a strong imagination...
Learning Lessons from Litigators: Building Support for Litigation
Public interest lawyering is not confined to the four walls of the court room. Lawyers do not only need to master legal tools and techniques, they also need to tap...
Coup and Constitution in Zimbabwe Part 2: A Path Back to Constitutionalism
In my previous post, I observed that the military action in Zimbabwe – whatever name it goes by – made a profound rupture in the rule of law and that...
Coup and Constitution in Zimbabwe Part 1: The Military Action is Profoundly Unconstitutional
On 14 November 2017, the Zimbabwe Defence Force (ZDF) took control of key parts of Zimbabwe’s capital Harare. Military personnel placed tanks and military vehicles on arterial roads, seized the...
Australia Denies Political Participation as an Indigenous Human Right
Political participation is a human right affirmed and contextualised for indigenous peoples under the United Nations’ Declaration on the Rights of Indigenous Peoples. Australia was one of four post-settler colonial...
The Supreme Countdown: The Fortnight That Shaped Kenya’s Presidential Determination and Beyond
Since 1 September 2017, when the Supreme Court of Kenya nullified the Presidential election, the spotlight shifted to the final judgment of the apex court. Least remembered, and understandably so,...
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