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...
Why Fisher v University of Texas is Irrelevant outside the US
The US Supreme Court’s decision in Fisher v University of Texas, released on Monday, has received much international attention. As Claire Overman and Reva Siegel explain in their recent posts,...
A Restriction of the Status Quo: Fisher v University of Texas
Many expected a major ruling on the constitutionality of affirmative action from the United States Supreme Court in Fisher v. University of Texas. But the Court substantially upheld prior precedent...
Fisher v University of Texas: A Glimmer of Hope for Affirmative Action in the United States?
The US Supreme Court has today handed down judgment in the eagerly anticipated case of Fisher v University of Texas. It concerns the compatibility of the university’s admissions programme with...
Proportionality analysis after Eweida and Others v. UK: Examining the Connections between Articles 9 and 10 of the ECHR
Until recently, questions regarding the theory and practice of the proportionality analysis in relation to the application of Article 9 of the ECHR to individuals were largely redundant. The European...
