Role of the Judiciary

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...
The Decriminalisation of Marital Rape: How India Continues to Refuse Justice to its Married Women

The Decriminalisation of Marital Rape: How India Continues to Refuse Justice to its Married Women

India is disappointingly one of the fewest countries in the world today that explicitly decriminalises marital rape, despite being a signatory of the Universal Declaration of Human Rights (UDHR). Exception...
Taken for a Ride, Again: Deliveroo Riders in the Supreme Court

Taken for a Ride, Again: Deliveroo Riders in the Supreme Court

Last week’s ruling in Independent Workers Union of Great Britain v Central Arbitration Committee came as a great surprise to many employment lawyers: the Supreme Court unanimously held that Deliveroo...
Balancing Workers’ Rights and Organisational Changes: The Gray Areas of Section 9A

Balancing Workers’ Rights and Organisational Changes: The Gray Areas of Section 9A

Section 9A of India’s Industrial Disputes Act 1947 aims to strike a delicate balance between protecting workers’ rights and allowing organisational flexibility during changes to conditions of service. However, inherent...
In Defence of Democracy: The Pakistani Supreme Court’s Decision Against Military Trials of Civilians

In Defence of Democracy: The Pakistani Supreme Court’s Decision Against Military Trials of Civilians

The arrest of former Pakistani Prime Minister Imran Khan in May led to a wave of protests by his supporters. The protests took a violent turn and resulted in attacks...
The Supreme Court’s Rwanda Judgment: What Now for the Government?

The Supreme Court’s Rwanda Judgment: What Now for the Government?

All eyes were on the Supreme Court last Wednesday when it handed down its ruling on the lawfulness of the government’s much-criticised Rwanda scheme. The judgment featured a number of...
Community Sentencing: A Positive Shift in the Indian Criminal Justice System

Community Sentencing: A Positive Shift in the Indian Criminal Justice System

A number of alternatives to custodial sentences have been introduced in the Indian criminal justice system, with progress being made over time towards open prisons, probation, and rehabilitation centres. Yet...
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