Sincerity of Oaths of Allegiance, Freedom of Expression and the Right to Stand for Election in Hong Kong
The frustration of democratization efforts in Hong Kong has recently led to nascent calls for its self-determination or even independence from the People’s Republic of China (“PRC”). In a drastic...
Questioning the constitutionality of newly appointed Electoral Commissioners in Namibia
The Electoral Commission of Namibia (ECN) tweeted that the swearing-in of newly ‘elected’ commissioners would take place on 4 October 2016. However, pertinent constitutionality questions around their appointment remain unsettled....
Antonin Scalia’s Voting Rights Legacy: Weakening the Franchise for Minorities
The death of U.S. Supreme Court Justice Antonin Scalia has provoked numerous discussions about the future direction of the Supreme Court and Justice Scalia’s impact as a jurist. While many...
Increased Transparency or More “Caixa Dois”? The Brazilian Supreme Court Says No to Corporate Donations to Electoral Campaigns
On the 17th of September, the Constitutional Court of Brazil (STF) ruled on case n°4.650, declaring the unconstitutionality of corporate donations to electoral campaigns. The decision of the STF comes...
Prisoner Voting Rights in New Zealand: Standing Up for Democracy by Way of Constitutional Shake-Up
On 24 July 2015 in Taylor v Attorney General, a New Zealand High Court Judge effectively declared that New Zealand’s Parliament fell well short of its rights standards when it...
Does Islamic Law Deny a Right to Vote?
On April 22nd, British born radical cleric, Anjem Choudary declared Muslim MPs and voters to be “apostates” since he believes voting to be a “sin” against Islam. Allah, Mr. Choudary...
Hong Kong’s Constitutional Crossroads: to Pocket or Not to Pocket?
On 22 April 2015, the Hong Kong Government finally unveiled the reform package to introduce elections by universal suffrage of the Chief Executive, Hong Kong’s head of government. Currently, the...
Constitutional Court of South Africa: Blunting the Impact of Electoral Law on Freedom of Expression
The Constitutional Court of South Africa has undertaken a robust defence of freedom of expression at the time of an election following litigation between the governing party and the official...
A Watershed Case for African Human Rights: Mtikila and others v. Tanzania
Mtikila and others v. Tanzania was a watershed case heard before the African Court on Human and Peoples’ Rights. The Court rendered its judgement on 14 June 2013, with a...
Is An Obsession With Foreign Investment Eroding Democracy in Papua New Guinea?
Often described as “an island of gold floating on a sea of oil”, Papua New Guinea (PNG) is one of the top ten resource-dependent economies in the world. But robust...
A Human Rights Defence of Hong Kong’s Occupy Central
With the Hong Kong Government set on introducing an undemocratic electoral reform in the coming months, Professor Benny Tai has proposed to organise a peaceful assembly, ‘Occupy Central with Love...
A Human Rights Defence of Hong Kong's Occupy Central
With the Hong Kong Government set on introducing an undemocratic electoral reform in the coming months, Professor Benny Tai has proposed to organise a peaceful assembly, ‘Occupy Central with Love...