Remedies

The Years of Lost Freedom: The Untold Cost of Rights and India’s Unkept Promise of Compensation

The Years of Lost Freedom: The Untold Cost of Rights and India’s Unkept Promise of Compensation

In India, populist narratives often reduce personal liberty to an abstract idea, and its true value is realised only when the State restricts or denies it. This becomes especially evident...
No ‘Paradise on Earth’: Justice for Migrants from Japan to North Korea

No ‘Paradise on Earth’: Justice for Migrants from Japan to North Korea

Over 93,000 ethnic Koreans and their families emigrated from Japan to North Korea during the period 1959-1984. They did so because of lies and misleading propaganda. The North Korean regime...
How flexible are South African courts’ remedial powers? A closer look at the Constitutional Court’s shifting approach to constitutional damages

How flexible are South African courts’ remedial powers? A closer look at the Constitutional Court’s shifting approach to constitutional damages

In two 2021 judgments, Residents of Industry House and Thubakgale, the Constitutional Court of South Africa refused to award damages for human rights violations (‘constitutional damages’). The implications for the...
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