The Kenyan Court of Appeal’s BBI Judgment: Identifying the Basic Structure
[This is the second post in the OxHRH Blog’s ongoing series on the Kenyan Court of Appeal’s BBI Judgment. For Part One, see here.] Introduction Rarely do judges get to...
Role of the Judiciary
MA v Denmark and Fedotova and Others v Russia: Judicial Activism in Protecting the Right to Family Life?
On 9.7.21, the GC of the ECtHR found a violation of Article 8 ECHR in the case of a Syrian national enjoying temporary protection in Denmark, M.A., who could only...
The Kenyan Court of Appeal’s BBI Judgment: Omnibus Bill or Separate Referenda Questions?
[Editor’s Note: On 20th August 2021, the Kenyan Court of Appeal delivered a landmark judgment in a set of consolidated cases known as “the BBI Appeals”. By a majority, the...
The Kenyan High Court’s BBI Judgment – II: Multiple versus Single Question Referendum
[Part II of this series discusses further issues in the Kenyan High Court’s landmark judgment in David Ndii v The Attorney-General (the “BBI judgment”). Part I can be found here.)...
The Kenyan High Court’s BBI Judgment – I: Constitutional Amendment through Popular Initiative
[On 13th May 2021, in David Ndii v Attorney-General, the High Court of Kenya struck down a set of proposed amendments to the Kenyan Constitution, popularly known as the “BBI...
The Mass-Surveillance Cases We Might Not Want Our Courts to Hear: Big Brother Watch and Centrum för Rättvisa
The ECtHR’s 25.5.21 judgments in the two “bulk interception of communications and intelligence sharing” cases, Big Brother Watch and Others v. the UK and Centrum för Rättvisa v. Sweden, have...
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 have analysed a human-rights issue ‘properly’. So much is dictated by subsidiarity; and...
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 counter environmental harm threatening the enjoyment of their human rights. Climate...
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 constitution that animates its case for reform and informs its position...
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 was premised on the assumption that courts were exceeding the bounds...
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 Justice – Citizen Space. It welcomed the Report, and made clear that it...
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 pages in total, although one third of this comprises annexes...
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