Justice Kennedy’s Mixed Environmental Legacy Turns Tragic
Supreme Court Justice Anthony Kennedy, a 1988 Reagan appointee, will leave behind a mixed environmental law legacy. Best known to the public as a crucial swing vote on issues regarding...
Role of the Judiciary
The Rule of Law in Poland and the European Arrest Warrant: A Blessing in Disguise?
On 25 July 2018 the Grand Chamber of the Court of Justice of the European Union (“CJEU”) ruled in Minister for Justice and Equality v LM that a judicial authority...
Coup, Constitution and the Court: Zimbabwean Constitutional Court whitewashes flawed rigged elections
Today, the Constitutional Court dismissed a legal challenge to Zimbabwe’s presidential elections. In my previous post, I reported on the conduct of the elections and the ensuing military crackdown. Information...
Justice Brett Kavanaugh and the Future of Women’s Reproductive Rights
President Trump recently named Justice Brett Kavanaugh as his Supreme Court nominee. Although the nomination awaits confirmation from the Senate, an analysis of Justice Kavanaugh’s record suggests that he could...
Unveiling Judicial Neutrality: Do Headscarves belong in German Courtrooms?
In Germany headscarf bans in a variety of public institutions have sparked large disagreement in society and posed a challenge for courts and legislatures for some time. The most recent...
Draft Copenhagen Declaration – Diluting European Supervision by ‘Robust Subsidiarity’
As a prelude to the High Level Conference to be held in Copenhagen in April 2018, the Danish chairmanship of the Council of Europe recently issued the Draft Copenhagen Declaration....
Developments from the 48th Ordinary Session of the African Court on Human and Peoples’ Rights
In the last week of February 2018, Africa’s principal human and peoples’ rights judicial organ, the African Court on Human and Peoples’ Rights, commenced its 48th session at its seat...
The bogey of judicial overreach in South Africa: A note on Economic Freedom Fighters v Speaker of the National Assembly
Discussions over the contours of the separation of powers principle in South Africa continue to smoulder. During President Jacob Zuma’s term, this dialogue was in overdrive mode. Recently, in Economic...
Learning Lessons from Litigators: Formulating Remedial Relief
Remedial strategy is an important aspect of any broader litigation strategy. An important aspect of strategic decision-making in this regard is to consider what relief the court might be willing...
Learning Lessons from Litigators: Party Interaction
Remedial strategy should be developed at the early stages of preparing for litigation, as the desired remedial relief will often inform the way the claim should be formulated. An important...
Learning Lessons from Litigators: Implementation and Follow-Up
The kind of remedial relief sought might differ on the basis of whether the government has failed to realise the right to education or whether a private provider of education...
Learning Lessons from Litigators: Dealing with Non-Compliance
What if it becomes clear that the government or private provider of education is failing to comply with the terms of the remedial order? The implementation of remedies is key...
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