Constitutions and Human 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...
The Fulcrum for the Invalidation of Kenya’s 2017 Presidential Election: Section 83 of the Elections Act

The Fulcrum for the Invalidation of Kenya’s 2017 Presidential Election: Section 83 of the Elections Act

As earlier reported on the blog, the Supreme Court of Kenya (“the Court”) made history on 1 September 2017 by becoming the second Court in Africa (after Cote d’Ivore) to...
The Repression of Human Rights in Togo: Exploring Legal Avenues of Redress

The Repression of Human Rights in Togo: Exploring Legal Avenues of Redress

In recent months, scores of protests have taken place in the West African nation of Togo. A number of protests have also been held by the Togolese diaspora in several...
An Iraqi Kurdish Independence Referendum

An Iraqi Kurdish Independence Referendum

On 15 September 2017, the Iraqi Kurdish parliament voted to hold an independence referendum in Iraq’s autonomous Kurdistan region, and today, that referendum is taking place. Western and regional powers...
Oh, What a Tangled Web We Weave… The EU (Withdrawal) Bill 2017-19 and Human Rights post Brexit: Part 2

Oh, What a Tangled Web We Weave… The EU (Withdrawal) Bill 2017-19 and Human Rights post Brexit: Part 2

In a blog post yesterday, I looked at the consequences of the EU (Withdrawal) Bill for human rights protection in the UK. In this post, I will evaluate what this...
Oh, What a Tangled Web We Weave… The EU (Withdrawal) Bill 2017-19 and Human Rights post Brexit: Part 1

Oh, What a Tangled Web We Weave… The EU (Withdrawal) Bill 2017-19 and Human Rights post Brexit: Part 1

The EU (Withdrawal) Bill had its first reading in the British House of Commons on 13 July 2017, and is due to have its second reading on 7 September 2017....
The Kenyan Election: An Insight into the Effectiveness of Constitutional Guarantees

The Kenyan Election: An Insight into the Effectiveness of Constitutional Guarantees

Kenya held its general elections two days ago, after a period of aggressive political campaigning. This election, there are two major political parties, the Jubilee Party (Jubilee) (sponsoring President Uhuru...
Secret Ballot: Vote of No Confidence in South African President Narrowly Defeated

Secret Ballot: Vote of No Confidence in South African President Narrowly Defeated

In an earlier blog post, I discussed the decision of the Constitutional Court regarding the process to be followed by the South African Parliament in the vote of no confidence...
Le Droit, C’est Moi: Xi Jinping’s New Rule-By-Law Approach

Le Droit, C’est Moi: Xi Jinping’s New Rule-By-Law Approach

China’s party-and-state leader tries to bring government officials under the reach of the legal system. But the purpose of this approach is less about ensuring compliance with the law than...

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