Role of the Judiciary

Respecting Subsidiarity While Guaranteeing the Right to a Tribunal Established in Accordance with National Law: From Astradsson to Xero Flor

Respecting Subsidiarity While Guaranteeing the Right to a Tribunal Established in Accordance with National Law: From Astradsson to Xero Flor

International bodies like the ECtHR should not easily substitute their assessment for that of national judges who ...
Human Rights-Based Climate Litigation in Latin America

Human Rights-Based Climate Litigation in Latin America

As in other regions of the Global South, groups and individuals in Latin America have engaged in litigation to ...
The Government’s Radical Theory of the Constitution

The Government’s Radical Theory of the Constitution

In its response to the Independent Review of Administrative Law, the Government has set out a theory of the ...
The Independent Review of Administrative Law: The Government Response and Consultation Exercise

The Independent Review of Administrative Law: The Government Response and Consultation Exercise

In two earlier blogs I considered the IRAL Panel’s Report and a central feature of the government response, which ...
The Independent Review of Administrative Law-The Government Response

The Independent Review of Administrative Law-The Government Response

The government’s response to the Panel’s report was brief, Judicial Review: Proposals for Reform - Ministry of ...
The Independent Review of Administrative Law-The Panel Report

The Independent Review of Administrative Law-The Panel Report

The Report of the Independent Review of Administrative Law (IRAL) was made public on 16 March. It stretches to 195 ...
Shamima Begum and The Humpty Dumpty Supreme Court

Shamima Begum and The Humpty Dumpty Supreme Court

On 26 February 2021, the Supreme Court refused permission for Shamima Begum to return to the UK. The Supreme Court ...
The Human Rights Act, 1998

The Human Rights Act, 1998

A striking feature of the history of Europe since the ending of WW II has been the origin, development, ...
Setting the Record Straight on Socio-Economic Rights Adjudication: Kenya Supreme Court’s Judgment in the Mitu-Bell Case

Setting the Record Straight on Socio-Economic Rights Adjudication: Kenya Supreme Court’s Judgment in the Mitu-Bell Case

On 11 January 2021, the Kenyan Supreme Court delivered the judgment in Mitu-Bell Welfare Society. The case ...
Kenyan Supreme Court on Structural Interdicts and Application of UN Guidelines on Evictions

Kenyan Supreme Court on Structural Interdicts and Application of UN Guidelines on Evictions

The Kenyan Supreme Court has overturned a Court of Appeal decision which found that the forceful eviction of the ...
The Genocide Amendment: Why is the UK Government dragging its feet? (Part I)

The Genocide Amendment: Why is the UK Government dragging its feet? (Part I)

On 7 December 2020, the House of Lords debated the Trade Bill that defines the UK’s post-Brexit trade ...
On the grounds of sex’: SCOTUS brings sexual orientation within the ambit of Title VII

On the grounds of sex’: SCOTUS brings sexual orientation within the ambit of Title VII

On June 15 2020, the US Supreme Court decided in Bostock v. Clayton County that Title VII of the 1964 Civil Rights ...

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