Role of the Judiciary

In Deference to Majoritarian Oppression: Justice Scalia’s Indifference to LGBTQ Lives

In Deference to Majoritarian Oppression: Justice Scalia’s Indifference to LGBTQ Lives

On June 26 2015, in Obergefell v. Hodges, a five-member majority of the United States Supreme Court struck down state bans on same-sex marriage as unconstitutional. For the LGBTQ rights...
Justice Antonin Scalia’s Rebuke of Innocence

Justice Antonin Scalia’s Rebuke of Innocence

Throughout his thirty-year service on the United States Supreme Court, Justice Antonin Scalia questioned whether criminal defendants who maintained their innocence should be entitled to a second chance. Indeed, in...
Antonin Scalia’s Voting Rights Legacy: Weakening the Franchise for Minorities

Antonin Scalia’s Voting Rights Legacy: Weakening the Franchise for Minorities

The death of U.S. Supreme Court Justice Antonin Scalia has provoked numerous discussions about the future direction of the Supreme Court and Justice Scalia’s impact as a jurist. While many...
Venezuela’s Battle for the Rule of Law

Venezuela’s Battle for the Rule of Law

Once one of Latin America’s richest countries and with the second-largest oil reserves in the world, Venezuela is now on the brink of an economic and political meltdown. The International...
Striking a Fine Balance: A Welcome Judicial Review of Executive Discretion in MM

Striking a Fine Balance: A Welcome Judicial Review of Executive Discretion in MM

On 3 December 2015, the High Court (Administrative Division) of England and Wales rendered an important decision in MM & GY & TY v Secretary of State (“MM”) with respect...
Will There be Any Women in Fifty Years Time, Lord Sumption?

Will There be Any Women in Fifty Years Time, Lord Sumption?

In September of this year, Lord Sumption, a Justice of the United Kingdom Supreme Court caused consternation by issuing a dire warning that a rush to equality could have “appalling...
An Overview of Developments in the Process of Judicial Appointments in India

An Overview of Developments in the Process of Judicial Appointments in India

As highlighted in Arghya Sengupta’s post on judicial appointments in India appearing on the Blog early this year, the history of the process of appointment of judges to the constitutional...
Rule of Law in Hong Kong’s Brave New World

Rule of Law in Hong Kong’s Brave New World

Hong Kong must have thought to itself, “O brave new world, that has such people in it”, as it listened to a speech by the Director of Beijing’s Liaison Office...
Courts and Climate Change: Breakthrough for Judicial Activism in the Netherlands

Courts and Climate Change: Breakthrough for Judicial Activism in the Netherlands

The 24th of June 2015 was a historic day for climate litigation: the district court in The Hague ordered the Dutch government to reduce its greenhouse gas emissions by at...
The Out of School Children Case: A Model for Court-Facilitated Dialogue?

The Out of School Children Case: A Model for Court-Facilitated Dialogue?

An Indian citizen enjoys a constitutionally guaranteed right to free and compulsory primary education (Article 21A of the Constitution of India and the Right of Children to Free and Compulsory...
Growing Pains in Timor Leste

Growing Pains in Timor Leste

Timor Leste’s stability is under focus following the recent killing by security forces of Mauk Moruk, a long-time opponent of former Prime Minister Xanana Gusmão and leader of a group...
Prisoner Voting Rights in New Zealand: Standing Up for Democracy by Way of Constitutional Shake-Up

Prisoner Voting Rights in New Zealand: Standing Up for Democracy by Way of Constitutional Shake-Up

On 24 July 2015 in Taylor v Attorney General, a New Zealand High Court Judge effectively declared that New Zealand’s Parliament fell well short of its rights standards when it...

Become A Contributor To The Blog