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...
Role of the Judiciary
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...
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?
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....
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