Role of the Judiciary

Defending legality in judicial appointments:  The European Court of Human Rights and the Polish constitutional crisis [Part 2]

Defending legality in judicial appointments: The European Court of Human Rights and the Polish constitutional crisis [Part 2]

This is what happened in Poland. The Supreme Court made a preliminary reference about the appointment of the ...
Defending legality in judicial appointments:  The European Court of Human Rights and the Polish constitutional crisis [Part1]

Defending legality in judicial appointments: The European Court of Human Rights and the Polish constitutional crisis [Part1]

That the Polish constitutional crisis would have had serious human-rights implications was clear from the start. ...
The Potential of Bold Remedial Relief to Enforce Socio-Economic Rights in South Africa – Komape v Minister of Basic Education

The Potential of Bold Remedial Relief to Enforce Socio-Economic Rights in South Africa – Komape v Minister of Basic Education

Komape v Minister of Basic Education concerns the unsafe, undignified sanitation facilities in schools in the ...
The Kenyan Court of Appeal’s BBI Judgment – V: To Be Or Not To Be – The Eternity Clauses Within the 2010 Constitution

The Kenyan Court of Appeal’s BBI Judgment – V: To Be Or Not To Be – The Eternity Clauses Within the 2010 Constitution

[This is the fifth post in the OxHRH Blog's ongoing series on the Kenyan Court of Appeal's landmark judgment in ...
The Kenyan Court of Appeal’s BBI Judgment – IV: The Place of Public Participation in Constitutional Amendments

The Kenyan Court of Appeal’s BBI Judgment – IV: The Place of Public Participation in Constitutional Amendments

This is the fourth blog post in the OxHRH Blog's ongoing series about the Kenyan Court of Appeal's landmark ...
The Kenyan Court of Appeal’s BBI Judgment – III: Presidential Immunity

The Kenyan Court of Appeal’s BBI Judgment – III: Presidential Immunity

[This is the third post in the Oxford Human Rights Hub Blog's coverage of the Kenyan Court of Appeal's landmark ...
The Kenyan Court of Appeal’s BBI Judgment: Identifying the Basic Structure

The Kenyan Court of Appeal’s BBI Judgment: Identifying the Basic Structure

[This is the second post in the OxHRH Blog's ongoing series on the Kenyan Court of Appeal's BBI Judgment. For Part ...
MA v Denmark and Fedotova and Others v Russia: Judicial Activism in Protecting the Right to Family Life?

MA v Denmark and Fedotova and Others v Russia: Judicial Activism in Protecting the Right to Family Life?

On 9.7.21, the GC of the ECtHR found a violation of Article 8 ECHR in the case of a Syrian national enjoying ...
The Kenyan Court of Appeal’s BBI Judgment: Omnibus Bill or Separate Referenda Questions?

The Kenyan Court of Appeal’s BBI Judgment: Omnibus Bill or Separate Referenda Questions?

[Editor's Note: On 20th August 2021, the Kenyan Court of Appeal delivered a landmark judgment in a set of ...
The Kenyan High Court’s BBI Judgment – II: Multiple versus Single Question Referendum

The Kenyan High Court’s BBI Judgment – II: Multiple versus Single Question Referendum

[Part II of this series discusses further issues in the Kenyan High Court's landmark judgment in David Ndii v The ...
The Kenyan High Court’s BBI Judgment – I: Constitutional Amendment through Popular Initiative

The Kenyan High Court’s BBI Judgment – I: Constitutional Amendment through Popular Initiative

[On 13th May 2021, in David Ndii v Attorney-General, the High Court of Kenya struck down a set of proposed ...
The Mass-Surveillance Cases We Might Not Want Our Courts to Hear: Big Brother Watch and Centrum för Rättvisa

The Mass-Surveillance Cases We Might Not Want Our Courts to Hear: Big Brother Watch and Centrum för Rättvisa

The ECtHR’s 25.5.21 judgments in the two “bulk interception of communications and intelligence sharing” cases, Big ...

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