Learning Lessons from Litigators: The Role of the Client
It is always tempting to focus on the public interest aspects of the claim but it is crucial not to lose sight of the client. The lawyer has to strike...
Learning Lessons from Litigators: Framing the Litigation
Lawyers must make numerous decisions throughout the litigation—both legal and non-legal. This can raise a confusing minefield of both promises and pitfalls. In this block, we look at the legal...
The Supreme Countdown: The Fortnight That Shaped Kenya’s Presidential Determination and Beyond
Since 1 September 2017, when the Supreme Court of Kenya nullified the Presidential election, the spotlight shifted to the final judgment of the apex court. Least remembered, and understandably so,...
The Indian Supreme Court’s “Curative” Hearing in the “LGBT Case”
In 2009, the High Court of Delhi decriminalized same-sex relations between consenting adults in India, holding that Section 377 of the Indian Penal Code, which penalised “carnal intercourse against the...
Learning Lessons from Litigators: The Right to Education
The right to education means different things in different contexts, and that’s because the law varies so widely from country to country. In this block we explore how education is...
Learning Lessons from Litigators: Public Interest Lawyering
What can lawyers do? Public interest litigation differs in important ways from other kinds of litigation because it operates in this space – in the enforcement and enumeration of rights....
Learning Lessons from Litigators: Deciding to Go to Court
It is crucial at the beginning stages to develop a sophisticated and context-sensitive strategy on how to develop and litigate the case for achieving a right to education. So in...
Learning Lessons From Litigators: Understanding the Problem
In this block, we speak to lawyers and researchers from around the world about the challenges facing students in their pursuit of education. ...
Learning Lessons from Litigators: Introduction
Kenya Enacts Contempt of Court Act to Uphold the Right to a Fair Trial
For a long time, the law on contempt of court in Kenya was outdated and quite unsatisfactory. However, Kenya recently enacted the Contempt of Court Act, Act No 46 of...
Limitations on the Remedial Powers of the Inter-American System of Human Rights
In 2001, the Supreme Court of Argentina gave a judgment against Jorge Fontevecchia and Héctor D’Amico for publishing news relating to an unrecognised son of Carlos Menem (the former President...
Treaty Amendments and Access to Justice at the East African Court
On 31 March 2017 the East African Court of Justice (‘the Court’) handed down its judgment in the case of Steven Deniss v The Attorney General of Burundi et al.....