Role of the Judiciary

The Kenyan Court of Appeal’s BBI Judgment – V: To Be Or Not To Be – The Eternity Clauses Within the 2010 Constitution

The Kenyan Court of Appeal’s BBI Judgment – V: To Be Or Not To Be – The Eternity Clauses Within the 2010 Constitution

[This is the fifth post in the OxHRH Blog's ongoing series on the Kenyan Court of Appeal's landmark judgment in the
The Kenyan Court of Appeal’s BBI Judgment – IV: The Place of Public Participation in Constitutional Amendments

The Kenyan Court of Appeal’s BBI Judgment – IV: The Place of Public Participation in Constitutional Amendments

This is the fourth blog post in the OxHRH Blog's ongoing series about the Kenyan Court of Appeal's landmark ...
The Kenyan Court of Appeal’s BBI Judgment – III: Presidential Immunity

The Kenyan Court of Appeal’s BBI Judgment – III: Presidential Immunity

[This is the third post in the Oxford Human Rights Hub Blog's coverage of the Kenyan Court of Appeal's landmark ...
The Kenyan Court of Appeal’s BBI Judgment: Identifying the Basic Structure

The Kenyan Court of Appeal’s BBI Judgment: Identifying the Basic Structure

[This is the second post in the OxHRH Blog's ongoing series on the Kenyan Court of Appeal's BBI Judgment. For Part ...
MA v Denmark and Fedotova and Others v Russia: Judicial Activism in Protecting the Right to Family Life?

MA v Denmark and Fedotova and Others v Russia: Judicial Activism in Protecting the Right to Family Life?

On 9.7.21, the GC of the ECtHR found a violation of Article 8 ECHR in the case of a Syrian national enjoying ...
The Kenyan Court of Appeal’s BBI Judgment: Omnibus Bill or Separate Referenda Questions?

The Kenyan Court of Appeal’s BBI Judgment: Omnibus Bill or Separate Referenda Questions?

[Editor's Note: On 20th August 2021, the Kenyan Court of Appeal delivered a landmark judgment in a set of ...
The Kenyan High Court’s BBI Judgment – II: Multiple versus Single Question Referendum

The Kenyan High Court’s BBI Judgment – II: Multiple versus Single Question Referendum

[Part II of this series discusses further issues in the Kenyan High Court's landmark judgment in David Ndii v The ...
The Kenyan High Court’s BBI Judgment – I: Constitutional Amendment through Popular Initiative

The Kenyan High Court’s BBI Judgment – I: Constitutional Amendment through Popular Initiative

[On 13th May 2021, in David Ndii v Attorney-General, the High Court of Kenya struck down a set of proposed ...
The Mass-Surveillance Cases We Might Not Want Our Courts to Hear: Big Brother Watch and Centrum för Rättvisa

The Mass-Surveillance Cases We Might Not Want Our Courts to Hear: Big Brother Watch and Centrum för Rättvisa

The ECtHR’s 25.5.21 judgments in the two “bulk interception of communications and intelligence sharing” cases, Big ...
Respecting Subsidiarity While Guaranteeing the Right to a Tribunal Established in Accordance with National Law: From Astradsson to Xero Flor

Respecting Subsidiarity While Guaranteeing the Right to a Tribunal Established in Accordance with National Law: From Astradsson to Xero Flor

International bodies like the ECtHR should not easily substitute their assessment for that of national judges who ...
Human Rights-Based Climate Litigation in Latin America

Human Rights-Based Climate Litigation in Latin America

As in other regions of the Global South, groups and individuals in Latin America have engaged in litigation to ...
The Government’s Radical Theory of the Constitution

The Government’s Radical Theory of the Constitution

In its response to the Independent Review of Administrative Law, the Government has set out a theory of the ...

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