Role of the Judiciary

González Carreño v. Spain: What can be Expected from the Spanish Supreme Court’s  Ruling?

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

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

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...
Justice Kennedy’s Mixed Environmental Legacy Turns Tragic

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...
The Rule of Law in Poland and the European Arrest Warrant: A Blessing in Disguise?

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

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

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?

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’

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

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

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

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...
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