Role of the Judiciary

Learning Lessons from Litigators: Timing the Litigation

Learning Lessons from Litigators: Timing the Litigation

In realizing a right to education, lawyers need to move beyond the nuts and bolts of the law and consider these broader issues. We start with the tricky issue of...
The Supreme Countdown: The Fortnight That Shaped Kenya’s Presidential Determination and Beyond

The Supreme Countdown: The Fortnight That Shaped Kenya’s Presidential Determination and Beyond

Since 1 September 2017, when the Supreme Court of Kenya nullified the Presidential election, the spotlight shifted to the final judgment of the apex court. Least remembered, and understandably so,...
The Indian Supreme Court’s “Curative” Hearing in the “LGBT Case”

The Indian Supreme Court’s “Curative” Hearing in the “LGBT Case”

In 2009, the High Court of Delhi decriminalized same-sex relations between consenting adults in India, holding that Section 377 of the Indian Penal Code, which penalised “carnal intercourse against the...
Learning Lessons from Litigators: Public Interest Lawyering

Learning Lessons from Litigators: Public Interest Lawyering

What can lawyers do? Public interest litigation differs in important ways from other kinds of litigation because it operates in this space – in the enforcement and enumeration of rights....
Learning Lessons From Litigators: Understanding the Problem

Learning Lessons From Litigators: Understanding the Problem

In this block, we speak to lawyers and researchers from around the world about the challenges facing students in their pursuit of education.  ...
Learning Lessons from Litigators: The Right to Education

Learning Lessons from Litigators: The Right to Education

The right to education means different things in different contexts, and that’s because the law varies so widely from country to country. In this block we explore how education is...
Learning Lessons from Litigators: Deciding to Go to Court

Learning Lessons from Litigators: Deciding to Go to Court

It is crucial at the beginning stages to develop a sophisticated and context-sensitive strategy on how to develop and litigate the case for achieving a right to education. So in...
Learning Lessons from Litigators: Introduction

Learning Lessons from Litigators: Introduction

Kenya Enacts Contempt of Court Act to Uphold the Right to a Fair Trial

Kenya Enacts Contempt of Court Act to Uphold the Right to a Fair Trial

For a long time, the law on contempt of court in Kenya was outdated and quite unsatisfactory. However, Kenya recently enacted the Contempt of Court Act, Act No 46 of...
Limitations on the Remedial Powers of the Inter-American System of Human Rights

Limitations on the Remedial Powers of the Inter-American System of Human Rights

In 2001, the Supreme Court of Argentina gave a judgment against Jorge Fontevecchia and Héctor D’Amico for publishing news relating to an unrecognised son of Carlos Menem (the former President...
Treaty Amendments and Access to Justice at the East African Court

Treaty Amendments and Access to Justice at the East African Court

On 31 March 2017 the East African Court of Justice (‘the Court’) handed down its judgment in the case of Steven Deniss v The Attorney General of Burundi et al.....
Courts and contempt powers in India: The case of Jolly LLB-2

Courts and contempt powers in India: The case of Jolly LLB-2

Although the Legislature and the Executive are the subject of regular political satire in India, last month the courts showed that contempt powers can be used to create a hitherto-unknown...

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