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?
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
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
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
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?
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
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
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...
The Mandatory Death Penalty and Narratives of the Common Law
Some people say the common law is all about narrative. A story gets told, then retold and retold and with each retelling it changes a little. Most of the work...
Small Steps in the Journey Towards Gender Equality on the South African Bench
The 9th July 2015 was an important day for the South African judiciary. For the first time in our history, an all-woman short-list was interviewed for a vacancy on the...
A Supreme Court at the Centre of a Deeply Divided Society
From January 01 to April 01 2015 I worked as a Foreign Law Clerk at the Supreme Court of Israel. This internship was generously funded by Oxford Pro Bono Publico...
Will Obergefell Stifle Growing Support for LGBTQ Rights?
In his recent post The Beginning Rather Than The End, Karl Laird discusses the potential policy backlash that may result from the recent Obergefell decision. In analyzing Obergefell, however, it...