Naz Foundation: Reading Down the Supreme Court
There is no doubt that the Supreme Court in Suresh Kumar v Naz Foundation held that section 377 of the Indian Penal Code, which criminalizes ‘carnal intercourse against the order...
Role of the Judiciary
Of Koushal v NAZ Foundation’s Several Travesties: Discrimination and Democracy
There are many things wrong about the 98 page decision of the Indian Supreme Court in Suresh Kumar Koushal v NAZ Foundation. The Court’s extensive quoting but tenacious refusal to...
Ready to Learn?
South Africa’s Legal Resources Centre (LRC) launched a new book—Ready to Learn? A Legal Resource for Realising the Right to Education—on 25 October at the Open Society Foundations in New...
Remembering Former Chief Justice of the Constitutional Court of South Africa Pius Langa
24 July 2013 was a sad day for South Africa as the news of the death of Former Chief Justice Pius Langa spread. Justice Langa played an important role in...
Using Public Interest Litigation to Combat Acid Attacks in India
Laxmi was 15 years old when her 32 year old neighbour declared his love for her. He sent her repeated text messages and when she did not respond, approached her...
A Human Rights Act for Australia: a transfer of power to the High Court, or a more democratic form of judicial decision-making?
Australia is the only Western country without some form of a national Bill of Rights. In 2008, the National Human Rights Consultation Committee, established by the federal government, recommended that...
The South African Constitutional Court: Is There a Threat From Popularism?
The overwhelming body of opinion seems to be that the South African Constitutional Court (CC) has done quite well in its first 17 years. From the first slew of ‘easy’...
Public Interest Law in South Africa
By Justice Dhaya Pillay I am troubled by the inequality in our society despite our grand Constitution. My concern is that the impact of apartheid plagues black and poor people...
The Role of Civil Society in the Execution of ECtHR Judgments
By Victoria Prais European Court of Human Rights (ECtHR) judgments can have a huge impact in Member States by highlighting systemic and serious problems in human rights protection. But what...
Marriage Equality in New Zealand – Part II: Public Interest Litigation
By Max Harris Editor’s Note: Last week, Max Harris examined the religious exemptions of New Zealand’s recently passed Marriage (Definition of Marriage) Amendment Act 2013. Today, he takes a closer...
Engendering the Judiciary – a South African Perspective
Recent statistics and debates in South Africa highlight that the country’s transformative vision has not stretched as far as the judiciary and legal sector. Since this is the very sector...
Unprecedented Step Taken in South Africa to Address Gender Transformation in the Judiciary
On the 12th of October 2012, the South African Commission for Gender Equality (CGE) was served with an unprecedented complaint regarding the lack of Gender Transformation in the Judiciary. The...
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