Two Roads Diverged Within Disability Jurisprudence In India, The Supreme Court Took The One Less Travelled By
While ‘disability’ has not been mentioned as a ground of discrimination in the Indian Constitution, the promulgation of the Right of Persons with Disabilities, 2016 has assisted in preventing disability...
Continuing to ‘Tinker with the Machinery of Death’? Taiwan Constitutional Court’s Death Penalty Judgment
On 20 September 2024, the Taiwan Constitutional Court delivered its Judgment 113 Hsien-Pan-8 (English translation not currently available), upholding the death penalty, but with significant caveats. The case concerned 33...
ECOWAS Court Overlooked Nigeria’s Due Diligence Obligations in #ENDSARS Decision
The Economic Community of West African States (ECOWAS Court) delivered an important decision in the Obianuju Catherine Ude & 2 Others v Federal Republic of Nigeria case on July 10,...
Jumping Up From the Doctrine to the Case Law: The Lost Possibility to Apply the Spillover Theory in NIAC by Special Jurisdiction for Peace in Colombia
The Special Jurisdiction for Peace (JEP) made an important decision on April 11 regarding a former FARC-EP combatant called “Chancellor”, implicated in joining the Paraguayan People’s Army (EPP) in the...
Post-Conflict Restorative Justice in the Aftermath of ISIL
After last year’s announcement of the sudden and premature closure of the United Nations Investigative Team to Promote Accountability for Crimes Committed by Da’esh/ISIL (UNITAD), which is scheduled to end...
Abrahart v University of Bristol: Disability Equality in University Assessments – Part 2
The first part of this blog discussed the context and facts of the case of Abrahart, as well as how the judgment interpreted the difference between competence standards (exempt from...
Abrahart v University of Bristol: Disability Equality in University Assessments – Part 1
The case of Abrahart, with its tragic facts and powerful judgment, will emit shockwaves throughout post-16 education in the United Kingdom (UK). It is a reminder of the importance of...
The Principle of Systemic Integration at the ECtHR after Verein KlimaSeniorinnen Schweiz
On April 9 2024, the European Court of Human Rights (ECtHR or ‘the Court’) issued a landmark ruling in the case of Verein KlimaSeniorinnen Schweiz and others v Switzerland, marking...
Bringing the Right to Strike Home: Secretary of State for Business and Trade v Mercer – Part 2
The first part of this blog outlined the facts and decision in the Supreme Court case, Secretary of State for Business and Trade v Mercer, as well as the approach...
Bringing the Right to Strike Home: Secretary of State for Business and Trade v Mercer – Part 1
Individual strikers are protected from dismissal where they are dismissed for participating in ‘protected’ (i.e lawful and official) industrial action, under s. 238A of the Trade Union and Labour Relations...
Neither Leftovers nor Crumbs: Misunderstanding the Right to Food in India
One of the most enterprising initiatives undertaken by the Supreme Court of India (the Court) has been the recognition of a legal standalone right to food which mandates the government...
The Indian Telecommunication Act, 2023: A Beacon of Security or a Shroud on Liberty?
With the enactment of the Telecommunication Act 2023 (“Act”), there has been a tectonic shift in India’s telecommunication landscape. The Act supersedes the Indian Telegraph Act 1885 and the Indian...