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
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
[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
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
[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
[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?
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...
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 consolidated cases known as “the BBI Appeals”. By a majority, the...
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 Attorney-General (the “BBI judgment”). Part I can be found here.)...
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 amendments to the Kenyan Constitution, popularly known as the “BBI...
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 Brother Watch and Others v. the UK and Centrum för Rättvisa v. Sweden, have...
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 have analysed a human-rights issue ‘properly’. So much is dictated by subsidiarity; and...
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