Role of the Judiciary

Google’s Victory Against Lloyd in UK Supreme Court: The Need for Class Action Legislation

Google’s Victory Against Lloyd in UK Supreme Court: The Need for Class Action Legislation

Image description: A building with the sign saying ‘Google’. On 10 November 2021, the Supreme Court of the United Kingdom handed down its judgement in the case of Lloyd v...
The Polish Challenge to the ECtHR’s Authority: Can the CoE Human-Rights System Respond Convincingly to It?

The Polish Challenge to the ECtHR’s Authority: Can the CoE Human-Rights System Respond Convincingly to It?

That the 24.11.21 judgment of the Polish Constitutional Court (CC) represents a serious challenge to the ECtHR’s authority does not seem to be open to question. The CoE SG has...
Indian Supreme Court on Gender Sensitisation of Judges: Aparna Bhat & Ors v State of Madhya Pradesh & Anr

Indian Supreme Court on Gender Sensitisation of Judges: Aparna Bhat & Ors v State of Madhya Pradesh & Anr

To achieve gender justice, it is critical that the judiciary avoid stereotypes and social biases to strengthen a judicial system that guarantees women access to fair and gender-sensitive judgments. In...
The Struggle to Establish Human Rights Courts in India: An Unfulfilled Promise

The Struggle to Establish Human Rights Courts in India: An Unfulfilled Promise

A petition was filed by Bhavika Phore on July 8, 2019, in the Supreme Court of India seeking to solidify human rights protections in India and gain statutory redressal under...
Defending legality in judicial appointments:  The European Court of Human Rights and the Polish constitutional crisis [Part 2]

Defending legality in judicial appointments: The European Court of Human Rights and the Polish constitutional crisis [Part 2]

This is what happened in Poland. The Supreme Court made a preliminary reference about the appointment of the members of its Disciplinary Chamber (DC). The CJEU considered that there were...
Defending legality in judicial appointments:  The European Court of Human Rights and the Polish constitutional crisis [Part1]

Defending legality in judicial appointments: The European Court of Human Rights and the Polish constitutional crisis [Part1]

That the Polish constitutional crisis would have had serious human-rights implications was clear from the start. It would have been naïve to assume that the CoE would not have had...
The Potential of Bold Remedial Relief to Enforce Socio-Economic Rights in South Africa – Komape v Minister of Basic Education

The Potential of Bold Remedial Relief to Enforce Socio-Economic Rights in South Africa – Komape v Minister of Basic Education

Komape v Minister of Basic Education concerns the unsafe, undignified sanitation facilities in schools in the Limpopo province of South Africa, which violate a host of learners’ constitutional rights. The...
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 set of cases known as the BBI Appeals. For...
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 judgment in the BBI Appeals. For previous posts: Part One; Part...
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 judgment in the BBI Appeals. Parts One and Two are...
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 One, see here.] Introduction Rarely do judges get to...
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 temporary protection in Denmark, M.A., who could only...

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