Justice Brett Kavanaugh and the Future of Women’s Reproductive Rights
President Trump recently named Justice Brett Kavanaugh as his Supreme Court nominee. Although the nomination awaits confirmation from the Senate, an analysis of Justice Kavanaugh’s record suggests that he could...
Unveiling Judicial Neutrality: Do Headscarves belong in German Courtrooms?
In Germany headscarf bans in a variety of public institutions have sparked large disagreement in society and posed a challenge for courts and legislatures for some time. The most recent...
Draft Copenhagen Declaration – Diluting European Supervision by ‘Robust Subsidiarity’
As a prelude to the High Level Conference to be held in Copenhagen in April 2018, the Danish chairmanship of the Council of Europe recently issued the Draft Copenhagen Declaration....
Developments from the 48th Ordinary Session of the African Court on Human and Peoples’ Rights
In the last week of February 2018, Africa’s principal human and peoples’ rights judicial organ, the African Court on Human and Peoples’ Rights, commenced its 48th session at its seat...
The bogey of judicial overreach in South Africa: A note on Economic Freedom Fighters v Speaker of the National Assembly
Discussions over the contours of the separation of powers principle in South Africa continue to smoulder. During President Jacob Zuma’s term, this dialogue was in overdrive mode. Recently, in Economic...
Learning Lessons from Litigators: Implementation and Follow-Up
The kind of remedial relief sought might differ on the basis of whether the government has failed to realise the right to education or whether a private provider of education...
Learning Lessons from Litigators: Formulating Remedial Relief
Remedial strategy is an important aspect of any broader litigation strategy. An important aspect of strategic decision-making in this regard is to consider what relief the court might be willing...
Learning Lessons from Litigators: Party Interaction
Remedial strategy should be developed at the early stages of preparing for litigation, as the desired remedial relief will often inform the way the claim should be formulated. An important...
Learning Lessons from Litigators: Dealing with Non-Compliance
What if it becomes clear that the government or private provider of education is failing to comply with the terms of the remedial order? The implementation of remedies is key...
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: Timing the Litigation
In realizing a right to education, lawyers need to move beyond the nuts and bolts of the law and consider these broader issues. We start with the tricky issue of...
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...
