Standard of Review

Kurt v Austria: ECHR Positive Obligations Without a Coercive Sting?

Kurt v Austria: ECHR Positive Obligations Without a Coercive Sting?

A terrible family drama reopens the debate about the coercive sting of ECHR positive obligations Measures to ...
Inevitability as the New Discrimination Defence: UK Supreme Court Mangles Indirect Discrimination Analysis While Finding the Two-Child Limit Lawful

Inevitability as the New Discrimination Defence: UK Supreme Court Mangles Indirect Discrimination Analysis While Finding the Two-Child Limit Lawful

The UK Supreme Court has delivered its long-awaited judgment in R (on the application of SC, CB and 8 children) ...
Mandatory Vaccination in the Czech Republic does not Violate Human Rights

Mandatory Vaccination in the Czech Republic does not Violate Human Rights

Vavřička and Others v. the Czech Republic (8 April 2021) concerned the legal obligation of parents in the Czech ...
South African Constitutional Court confirms that the right to basic education encompasses access to final exams

South African Constitutional Court confirms that the right to basic education encompasses access to final exams

Unlike many other socio-economic rights in the South African Constitution, such as the right to ‘further ...
South African Constitutional Court confirms that the right to basic education encompasses access to final exams

South African Constitutional Court confirms that the right to basic education encompasses access to final exams

Unlike many other socio-economic rights in the South African Constitution, such as the right to ‘further ...
Covid-19 and the Indian Supreme Court’s refusal to lift internet restrictions in Kashmir

Covid-19 and the Indian Supreme Court’s refusal to lift internet restrictions in Kashmir

The Union Territory of Jammu and Kashmir had passed an order to restrict the internet speed in the entire Union ...
Proportionality and Constitutional Review

Proportionality and Constitutional Review

There is a temptation to think that issues of normative choice and balancing are more complex in public than ...
Proportionality in India: A Bridge to Nowhere?

Proportionality in India: A Bridge to Nowhere?

The Indian Supreme Court's invocation of the structured proportionality test is a bridge to nowhere.
The Surveillance State, Privacy and Criminal Investigation in India: Possible Futures in a Post-Puttaswamy World

The Surveillance State, Privacy and Criminal Investigation in India: Possible Futures in a Post-Puttaswamy World

With a strong conception of privacy focussed on individual liberty after Puttaswamy, there is now a starting point ...
New Beginnings: Indian Rights Jurisprudence After Puttaswamy

New Beginnings: Indian Rights Jurisprudence After Puttaswamy

Puttaswamy opens up the possibility of Constitution 3.0 that places the individual at the center and through a ...
Privacy International: Reaffirming the Rule of Law

Privacy International: Reaffirming the Rule of Law

On Wednesday, the UK Supreme Court delivered its judgment in Privacy International. The issue was whether the ...
Standard of Proof in Zimbabwe’s Presidential Petition: A Response

Standard of Proof in Zimbabwe’s Presidential Petition: A Response

On 5 September 2018, renowned scholar Alex Magaisa published a piece on the standard of proof in Zimbabwe’s ...

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