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...
Constitutions and Human Rights
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...
Prorogation: Constitutional Principle and Law, Fact and Causation
The Prime Minister’s recent announcement that Parliament would be prorogued, thereby severely curtailing the opportunity for parliamentary debate, raises important issues of constitutional principle and law, and also issues concerning...
Playing Hardball with the Queen
The idea of constitutional hardball was introduced to the world by Mark Tushnet. The sport is played when political actors decide the stakes are so high that any lawful action...
Constitutionality of India’s Unlawful Activities (Prevention) Amendment Bill, 2019: India’s McCarthyism Moment
In a chilling throwback McCarthyism in the United States, India’s Parliament has passed the Unlawful Activities (Prevention) Amendment Bill, 2019 which will allow the Central government to designate individuals as...
South African Supreme Court of Appeal Confirms Remedy of ‘Constitutional Remedy’ for Homeless People Whose Property is Destroyed by State
On 3 April 2019, the South African Supreme Court of Appeal (SCA) handed down judgment in the matter of Ngomane & others v City of Johannesburg Metropolitan Municipality & Another...
‘Beyond the Courtroom: Accountability for Grave and Systemic Human Rights Abuses’ (2019) U of OxHRH J 55
The institutional design of the UN inquiry procedure means that human rights abusers do not go unchallenged because of costs or technical legal rules.
A Human Rights Act for Queensland
Queensland is soon to be the third Australian jurisdiction with a statutory bill of rights. Earlier this month, the Queensland Labor Government introduced the Human Rights Bill 2018 (Qld) to...
Human Rights, Criminal Law, and Rural and Native Communities in Peru
Recently, the Constitutional Court of Peru issued a judgment in the case 7009-2013-PHC/TC, concerning a writ of habeas corpus in favor of two members of the Tres Islas Native Community,...
Coup, Constitution and the Court: Zimbabwean Constitutional Court whitewashes flawed rigged elections
Today, the Constitutional Court dismissed a legal challenge to Zimbabwe’s presidential elections. In my previous post, I reported on the conduct of the elections and the ensuing military crackdown. Information...
Promoting ‘Gender Ideology’: Constitutional Court of Bulgaria Declares Istanbul Convention Unconstitutional
On July 27 Bulgaria’s Constitutional Court ruled that the Council of Europe Convention on preventing and combating violence against women and domestic violence (often called the “Istanbul Convention”) contravenes the...
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