Role of the Judiciary

Violence Against Women and the ECHR: Addressing Evidential Gaps in the Court’s Jurisprudence

Violence Against Women and the ECHR: Addressing Evidential Gaps in the Court’s Jurisprudence

Recent research indicates that the rates of femicide by partners or family members have differed only slightly in Europe since 2010. Progress for the past decade has been minimal, with...
Judicial Capture in Georgia

Judicial Capture in Georgia

The recent years have been tumultuous for Georgia. The country’s ruling party has sought to cement its rule through constitutional and other legislative changes that have eroded checks and balances...
Gavel Adopts Gadget: The Risks of Artificial Judicial Decision-Making

Gavel Adopts Gadget: The Risks of Artificial Judicial Decision-Making

Artificial Intelligence (AI) systems have been integrated in many jurisdictions including China, Estonia, Taiwan, Canada, the UK, Peru, and Mexico to assist judges, mediators and other adjudicators in the administration...
Gender-Affirming Care on the Chopping Block: What Tennessee’s Healthcare Ban Means for Trans Youth in America

Gender-Affirming Care on the Chopping Block: What Tennessee’s Healthcare Ban Means for Trans Youth in America

The United States is at a critical juncture in the fight for LGBTQ+ equality, as it confronts the balance between individual rights, state authority, and societal norms. On December 4,...
Advancing Environmental Justice: The Supreme Court of Kenya holds State Agencies Accountable for Environmental Harm in Owino-Uhuru case

Advancing Environmental Justice: The Supreme Court of Kenya holds State Agencies Accountable for Environmental Harm in Owino-Uhuru case

On 6th December 2024, the Supreme Court of Kenya affirmed the constitutional rights to a Clean and Healthy Environment and the highest Sustainable Standard of Health Care and Sanitation as...
#CancelCoal: South African Youth Successfully Lead Climate Case Against Proposed Coal-Fired Power Station

#CancelCoal: South African Youth Successfully Lead Climate Case Against Proposed Coal-Fired Power Station

On 4 December 2024, the High Court of Pretoria in South Africa (SA) handed down a landmark judgment in the “Cancel Coal” case. The High Court upheld a constitutional challenge...
Sh! Hushing Sexual Harassment in Kenya: Judicial Reluctance in Protecting Employee Rights?

Sh! Hushing Sexual Harassment in Kenya: Judicial Reluctance in Protecting Employee Rights?

Over the last 3 years, Kenya has witnessed stagnation in terms of progressing protections for workers from unwanted sexual conduct, and encouraging the reporting of sexual harassment once it occurs....
Continuing to ‘Tinker with the Machinery of Death’? Taiwan Constitutional Court’s Death Penalty Judgment

Continuing to ‘Tinker with the Machinery of Death’? Taiwan Constitutional Court’s Death Penalty Judgment

On 20 September 2024, the Taiwan Constitutional Court delivered its Judgment 113 Hsien-Pan-8 (English translation not currently available), upholding the death penalty, but with significant caveats. The case concerned 33...
The Right to Protest: Limiting the Right to a Class of Citizens In India

The Right to Protest: Limiting the Right to a Class of Citizens In India

On August 9, 2024, on the eve of India’s Independence Day, the nation woke up to the news of a horrific rape and murder of a junior doctor, who was...
The ECtHR in Podchasov v. Russia – Preserving Encryption And Denying Backdoors

The ECtHR in Podchasov v. Russia – Preserving Encryption And Denying Backdoors

On 13th February 2024, the European Court of Human Rights (ECtHR) pronounced the seminal judgment of Podchasov v. Russia, holding that the weakening of end-to-end encryption (“E2EE”) or creating backdoors...
The Dangerous Path of Mexico’s Judicial Reform: What is at Stake for Judicial Independence in the Americas

The Dangerous Path of Mexico’s Judicial Reform: What is at Stake for Judicial Independence in the Americas

Recently, Mexico’s President proposed a series of initiatives to reform the judiciary. This blog focuses on two of its elements: (1) replacing all judges with new ones elected by popular...
Why the Court got it wrong on Minimum Sentencing on Sexual Offences: Republic v Joshua Gichuki Mwangi

Why the Court got it wrong on Minimum Sentencing on Sexual Offences: Republic v Joshua Gichuki Mwangi

On the 12th July 2024, the Supreme Court of Kenya (SCORK) rendered its decision on an appeal by the Director of Public Prosecutions which challenged the Court of Appeal (CoA)...
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