Role of the Judiciary

Dobbs Employs Narrow Framing to Narrow Fundamental Rights

Dobbs Employs Narrow Framing to Narrow Fundamental Rights

Image description: A picture of the front entrance of the US Supreme Court building, which has ‘Equal Justice Under Law’ carved into it. Dobbs holds that the Fourteenth Amendment does...
West Virginia v EPA: Thwarting Robust Legal Reasoning

West Virginia v EPA: Thwarting Robust Legal Reasoning

Image description: Coat of arms of the United States Environmental Protection Agency. In West Virginia v Environmental Protection Agency (30 June 2022), a six-person majority of the US Supreme Court...
When is a Right Not a Right? The British Bill of Rights

When is a Right Not a Right? The British Bill of Rights

Image description: Front page of British Bill of Rights Bill. The Bill of Rights Bill, which repeals the Human Rights Act 1998, claims to ‘give effect’ to the rights set...
Clause Seven of the Bill of Rights Bill: Diluting Rights Protection and Undermining Parliamentary Democracy

Clause Seven of the Bill of Rights Bill: Diluting Rights Protection and Undermining Parliamentary Democracy

Image description: The Lord Chancellor of the United Kingdom and his attendants If enacted in its present form the Bill of Rights Bill would compromise judicial independence, dilute ECHR rights...
Shinn v Martinez Ramirez: Making a Mockery of the Right to Effective Assistance of Counsel

Shinn v Martinez Ramirez: Making a Mockery of the Right to Effective Assistance of Counsel

Image description: Lawyer addresses jury in a US courtroom. Last month, the Supreme Court of the United States decided that federal courts cannot consider evidence of ineffective trial lawyering if...
Proposed Reforms to the UK Human Rights Act

Proposed Reforms to the UK Human Rights Act

Image description: A UK official stands at a podium with a banner behind reading ‘Human Rights and Democracy’ In December 2021, the UK Government released its consultation document proposing changes...
Mumtaz Bibi v Qasim: Islamabad High Court’s Landmark Judgment on Child Marriage

Mumtaz Bibi v Qasim: Islamabad High Court’s Landmark Judgment on Child Marriage

Image description: Children in a village in Sindh Pakistan. As per a recent UNICEF report, Pakistan is home to nearly 19 million child brides: one in three girls in Pakistan...
Juvenile Bail Provision in India: The Urgent Need for Legislative Checks and Balances

Juvenile Bail Provision in India: The Urgent Need for Legislative Checks and Balances

Image Description: A group of children playing football in India. India’s Juvenile Justice (Care and Protection of Children) Act 2015 empowers the Juvenile Justice Board (JJB) to impose conditions of...
Leigh v Commissioner for the Police of the Metropolis: Fundamental Rights during COVID

Leigh v Commissioner for the Police of the Metropolis: Fundamental Rights during COVID

Image description: Large collection of lit candles amidst darkness In Leigh v Commissioner for the Police of the Metropolis [2022] EWHC 527, the High Court ruled that the Metropolitan Police...
Balancing Rights: The Future of Remote Courts in Public Family Law

Balancing Rights: The Future of Remote Courts in Public Family Law

Image Description: Socially distanced judges in courtroom At the start of 2022, as we approach nearly two years of family courts operating under the twin pressures of decades of under-funding...
Remedying Individual Injustice: The Supreme Court of India paves the way in Avni Prakash V. National Testing Agency and Ors.

Remedying Individual Injustice: The Supreme Court of India paves the way in Avni Prakash V. National Testing Agency and Ors.

Image description: A person standing at a podium, with a banner reading ‘Accessible India Campaign’. In human rights disputes, courts may be called on to resolve the clash between the...
Corroboration as Sex Discrimination: The Equality Implications of Sexual Offence Cases in Malawi

Corroboration as Sex Discrimination: The Equality Implications of Sexual Offence Cases in Malawi

Image description: Graffiti on the wall of three women with red blindfolds over their eyes. In Kaliyati v R (Criminal Appeal 109 of 2018) [2020], judge Fiona Mwale asserts that...

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