Constitutions and Human Rights

Australia Denies Political Participation as an Indigenous Human Right

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

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,...
Were the Kenyan Presidential Elections, 2017 a true reflection of the electorate’s will? An interrogation of the answer given by the Supreme Court of Kenya

Were the Kenyan Presidential Elections, 2017 a true reflection of the electorate’s will? An interrogation of the answer given by the Supreme Court of Kenya

The determination on the exercise and protection of the electorate’s political rights was before the bench in the Supreme Court of Kenya’s decision in Raila Amolo Odinga & Anor v...
Civilian Victims of the Conflicts Over Oil Refineries in Kirkuk

Civilian Victims of the Conflicts Over Oil Refineries in Kirkuk

On 15 September the Iraqi Kurdistan Region (KRG) held an independence referendum, in which a majority of the non-Kurdish people of the disputed oil-rich city of Kirkuk did not participate....
Learning Lessons from Litigators: Introduction

Learning Lessons from Litigators: Introduction

Learning Lessons From Litigators: Understanding the Problem

Learning Lessons From Litigators: Understanding the Problem

In this block, we speak to lawyers and researchers from around the world about the challenges facing students in their pursuit of education.  ...
Learning Lessons from Litigators: The Right to Education

Learning Lessons from Litigators: The Right to Education

The right to education means different things in different contexts, and that’s because the law varies so widely from country to country. In this block we explore how education is...
Learning Lessons from Litigators: Public Interest Lawyering

Learning Lessons from Litigators: Public Interest Lawyering

What can lawyers do? Public interest litigation differs in important ways from other kinds of litigation because it operates in this space – in the enforcement and enumeration of rights....
Learning Lessons from Litigators: Deciding to Go to Court

Learning Lessons from Litigators: Deciding to Go to Court

It is crucial at the beginning stages to develop a sophisticated and context-sensitive strategy on how to develop and litigate the case for achieving a right to education. So in...
The Kenyan Supreme Court Overturns Presidential Election Results: Of Forms 34As, Bs and Cs

The Kenyan Supreme Court Overturns Presidential Election Results: Of Forms 34As, Bs and Cs

On 8 August 2017, Kenya held her second General Election under the 2010 Constitution. This was the first time an elaborate regime of electoral laws had been used to introduced...
Road to repeat poll in Kenya: Is legislative amendment the cure?

Road to repeat poll in Kenya: Is legislative amendment the cure?

The unprecedented decision of the Supreme Court of Kenya (SCOK) to invalidate the presidential poll in August 2017 has received mixed reactions by the incumbent government and the opposition. The...
Catalonia: The Right to Secede and the Right to Self-Determination

Catalonia: The Right to Secede and the Right to Self-Determination

In an address to the Parliament of Catalonia on 10th October 2017, the President of Catalonia issued a ‘suspended’ unilateral declaration of independence (“UDI”) from Spain. The ‘suspended’ UDI followed...

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