Administrative Decisions and Terrorist Suspects: The UK Supreme Court’s Decision in Youssef v SSFC
The month of January witnessed an important UK Supreme Court decision in Youssef v Secretary of State for Foreign and Commonwealth Affairs (“Youssef”) pertaining to civil rights. It considered a...
Journalism, Detention and Anti-Terrorism Powers
Few would dispute that journalistic sources and material deserve special legal protection in a liberal democracy. But few would suggest that this protection should confer a licence to damage national...
Striking a Fine Balance: A Welcome Judicial Review of Executive Discretion in MM
On 3 December 2015, the High Court (Administrative Division) of England and Wales rendered an important decision in MM & GY & TY v Secretary of State (“MM”) with respect...
The US Constitutional Status of Same-Sex Marriage – An Issue that Can No Longer be Avoided
This week the Supreme Court of the United States will hear oral argument in what will no doubt be considered one of the most important civil rights cases of our...
Disability Defence to Possession can Rarely be Decided Summarily: Akerman-Livinsgtone v Aster Communities Ltd
This note considers the procedural implications of the Supreme Court’s decision in Akerman-Livingstone, which held that the proportionality exercise for a discrimination defence to a possession claim under the Equality...
A House Divided: Grappling with Affirmative Action in South Africa
It doesn’t require much imagination to see that affirmative action policies implemented for the good of society exact a toll on the individuals who lose out. This is especially true...
What next for LGBT equality?
It has been almost a year since the Supreme Court of the United States delivered judgment in Windsor v United States and in the intervening twelve months there have been...
Proposed Bahamian Constitutional Reform: No Room for Socio-Economic Rights
On July 8, 2013, the Constitutional Commission of the Bahamas presented its report on proposed Constitutional reform in time for the nation’s 40th Anniversary of Independence. Although several useful and...
Is it Time for the US Supreme Court to Come Out of the Closet?
In a follow-up post to his previous analysis of Windsor v. United States, Karl Laird examines which constitutional provisions were invoked in the US Supreme Court decision. Now that a...
ICESCR Optional Protocol: Reconciling Standards of Review
Until very recently, there was no individual complaint procedure for a violation of the rights enshrined in the International Covenant on Economic, Social and Cultural Rights (ICESCR); for almost forty...
Shelby County v Holder: Disconcerting Aspects of the US Supreme Court’s Decision and its Impact on the Right to Vote
On the second day of what many consider one of the most eventful weeks in US Supreme Court history, the Court issued its decision on the Voting Rights Act (VRA)...
The Questions Raised by Striking Down DOMA
In light of the release of Windsor v the United States, Karl Laird analyzes the US Supreme Court’s reasoning, noting the Court still avoids the hard questions. It took Justice...
