Standard of Review

The Struggle to Establish Human Rights Courts in India: An Unfulfilled Promise

The Struggle to Establish Human Rights Courts in India: An Unfulfilled Promise

A petition was filed by Bhavika Phore on July 8, 2019, in the Supreme Court of India seeking to solidify human rights protections in India and gain statutory redressal under...
Protocol No. 15 to the ECHR: a new era of subsidiarity or a symbolic change?

Protocol No. 15 to the ECHR: a new era of subsidiarity or a symbolic change?

Protocol No. 15 to the European Convention on Human Rights came into force in August 2021. It introduced several amendments, including the controversial addition of a recital to the Preamble,...
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 prevent crime have always been considered part of the positive obligations under Article...
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) (Appellants) v Secretary of State for Work and Pensions and...
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 Republic to vaccinate their children against ten diseases that are well-known...
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 education’, the right to basic education is immediately realisable – not subject to progressive...
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 education’, the right to basic education is immediately realisable – not subject to progressive...
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 Territory to 2G. On 11th May 2020, the Indian Supreme...
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 Investigatory Powers Tribunal (IPT), a body set up to review state surveillance decisions,...
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 presidential petition. He argued that the ruling of the Constitutional Court led...
Zimbabwe’s Presidential Petition: The Standard of Proof

Zimbabwe’s Presidential Petition: The Standard of Proof

The Constitutional Court of Zimbabwe (the Court) last week upheld the election of Emmerson Mnangagwa as the duly elected president of Zimbabwe. The decision came after a legal challenge by...
Defining the Right to Privacy in India in light of Justice KS Puttaswamy & Anr. v. Union of India (2017)

Defining the Right to Privacy in India in light of Justice KS Puttaswamy & Anr. v. Union of India (2017)

A nine-judge bench of the Supreme Court of India on August 24 ruled that right to privacy is a fundamental right and is ‘intrinsic to life and liberty’ which is...

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