Role of the Judiciary

Gender-Affirming Care on the Chopping Block: What Tennessee’s Healthcare Ban Means for Trans Youth in America

Gender-Affirming Care on the Chopping Block: What Tennessee’s Healthcare Ban Means for Trans Youth in America

The United States is at a critical juncture in the fight for LGBTQ+ equality, as it confronts the balance between individual rights, state authority, and societal norms. On December 4,...
Advancing Environmental Justice: The Supreme Court of Kenya holds State Agencies Accountable for Environmental Harm in Owino-Uhuru case

Advancing Environmental Justice: The Supreme Court of Kenya holds State Agencies Accountable for Environmental Harm in Owino-Uhuru case

On 6th December 2024, the Supreme Court of Kenya affirmed the constitutional rights to a Clean and Healthy Environment and the highest Sustainable Standard of Health Care and Sanitation as...
#CancelCoal: South African Youth Successfully Lead Climate Case Against Proposed Coal-Fired Power Station

#CancelCoal: South African Youth Successfully Lead Climate Case Against Proposed Coal-Fired Power Station

On 4 December 2024, the High Court of Pretoria in South Africa (SA) handed down a landmark judgment in the “Cancel Coal” case. The High Court upheld a constitutional challenge...
Sh! Hushing Sexual Harassment in Kenya: Judicial Reluctance in Protecting Employee Rights?

Sh! Hushing Sexual Harassment in Kenya: Judicial Reluctance in Protecting Employee Rights?

Over the last 3 years, Kenya has witnessed stagnation in terms of progressing protections for workers from unwanted sexual conduct, and encouraging the reporting of sexual harassment once it occurs....
Continuing to ‘Tinker with the Machinery of Death’? Taiwan Constitutional Court’s Death Penalty Judgment

Continuing to ‘Tinker with the Machinery of Death’? Taiwan Constitutional Court’s Death Penalty Judgment

On 20 September 2024, the Taiwan Constitutional Court delivered its Judgment 113 Hsien-Pan-8 (English translation not currently available), upholding the death penalty, but with significant caveats. The case concerned 33...
The Right to Protest: Limiting the Right to a Class of Citizens In India

The Right to Protest: Limiting the Right to a Class of Citizens In India

On August 9, 2024, on the eve of India’s Independence Day, the nation woke up to the news of a horrific rape and murder of a junior doctor, who was...
The ECtHR in Podchasov v. Russia – Preserving Encryption And Denying Backdoors

The ECtHR in Podchasov v. Russia – Preserving Encryption And Denying Backdoors

On 13th February 2024, the European Court of Human Rights (ECtHR) pronounced the seminal judgment of Podchasov v. Russia, holding that the weakening of end-to-end encryption (“E2EE”) or creating backdoors...
The Dangerous Path of Mexico’s Judicial Reform: What is at Stake for Judicial Independence in the Americas

The Dangerous Path of Mexico’s Judicial Reform: What is at Stake for Judicial Independence in the Americas

Recently, Mexico’s President proposed a series of initiatives to reform the judiciary. This blog focuses on two of its elements: (1) replacing all judges with new ones elected by popular...
Why the Court got it wrong on Minimum Sentencing on Sexual Offences: Republic v Joshua Gichuki Mwangi

Why the Court got it wrong on Minimum Sentencing on Sexual Offences: Republic v Joshua Gichuki Mwangi

On the 12th July 2024, the Supreme Court of Kenya (SCORK) rendered its decision on an appeal by the Director of Public Prosecutions which challenged the Court of Appeal (CoA)...
Responsabilidad Corporativa por Violaciones de Derechos Humanos Internacionales en las Cortes de los Estados Unidos: El Litigio de Chiquita Marcas

Responsabilidad Corporativa por Violaciones de Derechos Humanos Internacionales en las Cortes de los Estados Unidos: El Litigio de Chiquita Marcas

El 10 de junio de 2024, el innovador juicio federal estadounidense, Chiquita Marcas Internacional, Inc., Litigio por el Estatuto de Agravio para Extranjeros y Litigio Derivativo de Accionistas, declaró a...
Corporate Accountability for International Human Rights Violations in US Courts: The Chiquita Brands Litigation

Corporate Accountability for International Human Rights Violations in US Courts: The Chiquita Brands Litigation

On 10 June 2024, the groundbreaking US federal trial, Chiquita Brands International, Inc., Alien Tort Statute and Shareholders Derivative Litigation, found the banana corporation guilty of the deaths of eight...
Indirect Criminalisation of Homelessness: Justice Sotomayor’s dissenting opinion in City of Grants Pass v. Johnson

Indirect Criminalisation of Homelessness: Justice Sotomayor’s dissenting opinion in City of Grants Pass v. Johnson

Homelessness continues to disproportionately affect the most vulnerable and disadvantaged populations in the US and across the world. However, there is a discernible change in judicial opinion in the US...
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