The US Supreme Court’s ‘Grants Pass’ Decision: A Reflection of Broader Problems with Affordable Housing
The decision of the US Supreme Court (‘the Court’) in City of Grants Pass v Johnson allows cities to impose criminal penalties on homeless people for sleeping in public areas,...
In Search of Lost Climes: the Historic Litigation in Navahine v Hawai‘i
In what has been described as a ‘world first’ in constitutional climate litigation, youth plaintiffs from Hawai‘i have secured a historic Settlement Agreement that underscores both the realities of climate...
US Supreme Court Upholds Law that Disarms Domestic Abusers, But Future Challenges Await
With a significant majority, but in a narrowly written opinion, the US Supreme Court held on Friday, 21st June 2024, that the Second Amendment of the Constitution does not prohibit...
Proportionality in theory, not practice: Internet Rights in Indian Courts
Although Indian Courts have adopted a structured five-prong proportionality test in cases such as Modern Dental College [2016] and KS Puttaswamy [2017] to determine the validity of the State’s restriction...
Blazing The Trail: Kenya’s Supreme Court Rejects the Regional Court’s Merit Review of its Judgments
On 31 May 2024, Kenya’s Supreme Court (‘the Court’) delivered the Advisory Opinion in AG v Karua, Reference E001 of 2022 (‘the reference’), which rejected the intrusive approach of the...
India’s Rights of Persons with Disabilities Act 2016: An Unfulfilled Promise
India’s enactment of the Rights of Persons with Disabilities (RPWD) Act 2016 was a pivotal step towards aligning its legal framework with the UN Convention on the Rights of Persons...
Supreme Federal Court of Brazil Resumes Discussions on Decriminalisation of Personal Use of Cannabis
In 2006, Brazil implemented a new drug law which continued to criminalise various activities related to illegal drugs, such as buying, possessing, transporting, or cultivating them for personal use. However,...
UK Court Safeguards Fundamental Right to Protest: Liberty v Secretary of State for the Home Department
The UK Divisional Court has found that the Home Secretary acted unlawfully when introducing Regulations which lowered the threshold for the use of police powers to impose conditions on public...
When I Use a Word, It Means Just What I Want It to Mean: Two Examples of the Separation of Powers Under Threat
The Post Office (Horizon System) Offences Act 2024 quashes hundreds of convictions including those of a factually guilty minority. The Safety of Rwanda (Asylum and Immigration) Act 2024 declares ‘conclusively’...
Grindr goes to Court (Part II): Individuals’ HIV Status and the Right to Private Life
Part I of this blog examined the protection of an individual’s HIV status under the UK’s data protection regime in the context of ongoing litigation against Grindr. Part II examines...
Amnesty in Spain: Union through Reconciliation
On 30 May 2024, despite its rejection by the upper chamber, the lower chamber of the Spanish Parliament passed the Amnesty Act 2024 ‘for the institutional, political and social normalisation...
Wrongly Denied – The Constitutional Right to Same-Sex Marriage in Hong Kong
In recent years, Hong Kong has experienced an unprecedented bloom of local jurisprudence that upheld spousal rights of same-sex couples, be it parental rights in AA v BB [2021] HKCFI...