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
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
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
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...
Proportionality and Constitutional Review
There is a temptation to think that issues of normative choice and balancing are more complex in public than private law. This should be resisted.
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
With a strong conception of privacy focussed on individual liberty after Puttaswamy, there is now a starting point for insisting on judicial oversight of surveillance.
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 culture of justification prevents the State or social power from overwhelming the...
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
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
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)
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...
