Role of the Judiciary

Women’s Invisible Labour, Kinkeeping and Care: Ireland’s 8 March Constitutional Referendum

Women’s Invisible Labour, Kinkeeping and Care: Ireland’s 8 March Constitutional Referendum

On International Women’s Day, Ireland will hold votes on two proposed changes to Article 41 of the Constitution. The first would extend constitutional protection to families other than those based...
How flexible are South African courts’ remedial powers? A closer look at the Constitutional Court’s shifting approach to constitutional damages

How flexible are South African courts’ remedial powers? A closer look at the Constitutional Court’s shifting approach to constitutional damages

In two 2021 judgments, Residents of Industry House and Thubakgale, the Constitutional Court of South Africa refused to award damages for human rights violations (‘constitutional damages’). The implications for the...
Landmark Inter-State Dispute Filed with the African Court on Human and Peoples’ Rights

Landmark Inter-State Dispute Filed with the African Court on Human and Peoples’ Rights

The African Court on Human and Peoples’ Rights has received its first inter-state application. This is a milestone for the contentious jurisdiction of the African Court, and the latest episode...

The Judicialisation of Party Politics: Pakistan’s Supreme Court confirms the Election Commission can review Intra-Party Elections

On 25 January 2024, the Supreme Court of Pakistan (SCP) held that political parties have a duty to hold intra-party elections. The SCP upheld an order of the Election Commission...
The International Court of Justice’s Order in South Africa v Israel

The International Court of Justice’s Order in South Africa v Israel

This blog considers the case before the International Court of Justice (ICJ) between South Africa and Israel. It summarises the court’s order, before looking ahead to the impact of the...
Alabama’s Manifest Injustice and the Inhumanity of Execution by Nitrogen Gas Inhalation

Alabama’s Manifest Injustice and the Inhumanity of Execution by Nitrogen Gas Inhalation

On 25 January Alabama intends to be the first US state to use nitrogen gas inhalation as an execution method. Despite a manifestly unjust trial, the presence of convincing science...
Empty Seats, Silenced Voices: Looming Shadow of Democratic Erosion in India’s Mass Suspensions

Empty Seats, Silenced Voices: Looming Shadow of Democratic Erosion in India’s Mass Suspensions

Recently, during the Winter Session of the Indian Parliament, more than 140 opposition members of Parliament (MPs) were suspended, sparking concerns about the freedom of speech and expression in the...
Nepal registers First Same-Sex Marriage: A Glimmer of Hope for Global LGBTQIA+

Nepal registers First Same-Sex Marriage: A Glimmer of Hope for Global LGBTQIA+

On 29 November 2023, Nepal became the second Asian Country to register a same-sex marriage after Taiwan. This represents a significant development in the struggle for marriage equality for the...
The License to Jeopardise: The LGBTQ Rights ‘Movement’ in Russia

The License to Jeopardise: The LGBTQ Rights ‘Movement’ in Russia

The Supreme Court of Russia, on 30 November 2023, ruled against the ‘international LGBTQ movement’, declaring it an ‘extremist organisation’ and allowing the Russian government to take steps to curb...
South African High Court Rules that Tribal Levies are Unconstitutional and Contrary to Customary Law

South African High Court Rules that Tribal Levies are Unconstitutional and Contrary to Customary Law

On 1 November 2023, the High Court of South Africa held that levies involuntarily imposed under section 25 of the Limpopo Traditional Leaders and Institutions Act 6 of 2005 (the...
Religious Discrimination, Headscarves and ‘exclusive neutrality’: backsliding by the CJEU

Religious Discrimination, Headscarves and ‘exclusive neutrality’: backsliding by the CJEU

In OP v Commune d’Ans the Court of Justice of the European Union (CJEU) returned to religious discrimination and headscarves, this time in the public sector workplace. Although the CJEU...
Mainstreaming Merits Review: Kenya’s Court of Appeal Further Clarifies the Scope of Judicial Review Law

Mainstreaming Merits Review: Kenya’s Court of Appeal Further Clarifies the Scope of Judicial Review Law

On 10 November 2023, the Kenyan Court of Appeal delivered its judgment in Patrick Kabundu & Another v County Government of Mombasa, offering additional clarity on considerations guiding the court’s...

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