Constitutions and Human Rights

Same Script, Different Cast: A Tale of Zambia's Constitutional Making Process

Same Script, Different Cast: A Tale of Zambia's Constitutional Making Process

On the 24th of October, Zambia celebrated its 49th year of Independence from British colonial rule. While Zambia has been fortunate enough to never have experienced war or civil unrest...
Bridging The Divide? Integrating the Functions of National Equality Bodies and National Human Rights Institutions in the EU

Bridging The Divide? Integrating the Functions of National Equality Bodies and National Human Rights Institutions in the EU

National equality bodies (NEBs) and national human rights institutions (NHRIs) play important roles in promoting respect for human dignity and fundamental rights in many European states. NEBs promote respect for...
The Tasmanian Dams Case, 30 Years On – Unfulfilled Promises

The Tasmanian Dams Case, 30 Years On – Unfulfilled Promises

The landmark Australian Tasmanian Dams case celebrated its 30th anniversary in August 2013. This case was a turning point for Australia. It had significant implications both for the interpretation of...
Criminalising Cross-Dressing in Guyana: Quincy McEwan et al vs. Attorney General of Guyana

Criminalising Cross-Dressing in Guyana: Quincy McEwan et al vs. Attorney General of Guyana

2013 has been a busy year for lesbian, gay, bisexual and transgender rights (LGBT) in the Commonwealth Caribbean. As noted in a previous post by activist and attorney-at-law Maurice Tomlinson,...
The Human Rights Restoration-Revolution

The Human Rights Restoration-Revolution

Much of the work in the now burgeoning subfield of human rights history traces the causes and consequences of the ‘human rights revolution’ on international law, foreign policy and transnational...
Developing the Customary Law to Give Effect to the Constitutional Commitment to Substantive Equality: Mayelane v Ngwenyama

Developing the Customary Law to Give Effect to the Constitutional Commitment to Substantive Equality: Mayelane v Ngwenyama

The South African Constitution expressly provides for the horizontal application of the Bill of Rights, stating that these rights apply to all law. Section 39(2) also states that when interpreting...
The choice before us? The report of the Commission on a Bill of Rights

The choice before us? The report of the Commission on a Bill of Rights

In an article recently published in Public Law, Prof. Francesca Klug and I set out our analysis of the ill-fated report of the Commission on a Bill of Rights. Given...
A Human Rights Act for Australia: a transfer of power to the High Court, or a more democratic form of judicial decision-making?

A Human Rights Act for Australia: a transfer of power to the High Court, or a more democratic form of judicial decision-making?

Australia is the only Western country without some form of a national Bill of Rights. In 2008, the National Human Rights Consultation Committee, established by the federal government, recommended that...
Zimbabwe’s New Constitution: The Interplay between Election Reform and Constitutional Reform

Zimbabwe’s New Constitution: The Interplay between Election Reform and Constitutional Reform

The new Constitution of Zimbabwe was signed into law on 22 May 2013. It contains several provisions that are encouraging: a wider bill of rights including socio-economic rights, the requirement...
Zimbabwe's New Constitution: The Interplay between Election Reform and Constitutional Reform

Zimbabwe's New Constitution: The Interplay between Election Reform and Constitutional Reform

The new Constitution of Zimbabwe was signed into law on 22 May 2013. It contains several provisions that are encouraging: a wider bill of rights including socio-economic rights, the requirement...
One Step Forward, Two Steps Back: Constitution-Making and Voter Education in Zimbabwe

One Step Forward, Two Steps Back: Constitution-Making and Voter Education in Zimbabwe

By Obert Hodzi Over the past decade, Zimbabwe has been characterised by political turmoil and economic meltdown that resulted in dollarization and abandonment of the country’s currency in 2008. After...
The Future of Human Rights on These Islands

The Future of Human Rights on These Islands

Now that the idea of a new UK Bill of Rights appears to be buried, choices re-emerge. The predicted outcome of the London-based Commission’s work was finally confirmed in December....

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