Climate Fund Case: Climate Litigation reaches the Brazilian Supreme Court
Hailed as a milestone in Brazilian climate change litigation, a landmark decision by the Supreme Court has recently ordered public hearings in a lawsuit brought by four political parties on...
The Broken State of Capital Sentencing in India’s Trial Courts
Project 39A at National Law University, Delhi analysed judgments of all capital cases (215 in total) across trial courts of three Indian states, Delhi, Madhya Pradesh and Maharashtra, decided over...
Proportionality and Constitutional Review
There is a temptation to think that issues of normative choice and balancing are more complex in public than private law. This should be resisted.
The Judicial Role in the Surveillance State
The courts’ responsibility to check abuses of power is heightened in a context where secrecy reigns....
The Surveillance State, Privacy and Criminal Investigation in India: Possible Futures in a Post-Puttaswamy World
With a strong conception of privacy focussed on individual liberty after Puttaswamy, there is now a starting point for insisting on judicial oversight of surveillance.
Proposed amendments to the Human Rights Act to disadvantage UK war crimes victims
On 18 March 2020, the UK Minister for Defence introduced into the UK Parliament his promised package of new legislation designed to ‘protect veterans’. Entitled the Overseas Operations (Service Personnel...
The UK Supreme Court’s “One Off” Judgment
It was a “one off”. A conclusive determination on a series of seismic constitutional clashes: representative democracy versus direct democracy, the executive versus Parliament, and the role of the Court...
Hong Kong’s anti-extradition movement and common law judges’ extrajudicial opinions
During the recent anti-extradition movement in Hong Kong, a High Court judge participated by signing a petition against the controversial bill amendments, which was considered inappropriate by the Chief Justice....
‘Beyond the Courtroom: Accountability for Grave and Systemic Human Rights Abuses’ (2019) U of OxHRH J 55
The institutional design of the UN inquiry procedure means that human rights abusers do not go unchallenged because of costs or technical legal rules.
González Carreño v. Spain: What can be Expected from the Spanish Supreme Court’s Ruling?
In what has been earmarked as a ‘revolutionary’ judgment in the field of international human rights law, the Spanish Supreme Court has ruled that views expressed by UN Human Rights...
All Quiet in the Turkish Courts
In Western academia, few efforts have been made to portray the status of the Turkish jurisdiction and its stance against what happened following to the so-called coup attempt in Turkey...
Poland’s Controversial Judicial Reforms in Bid to ‘De-communise’ the Country
Since coming into power, Poland’s ruling Law and Justice Party (PiS) has introduced controversial sweeping changes to the judiciary. Accusing Poland of undermining EU values and democratic principles, the EU...
