Peta STEPHENSON

In 1951, during the height of Cold War hysteria in Australia, the High Court thwarted the government’s plan to ban the Australian Communist Party in the decision of Australian Communist Party v Commonwealth (1951) 83 CLR 1 (“the Communist Party Case”). The case has been heralded as a triumph for Australian constitutionalism and continues to stand out as one of the most significant – even iconic – decisions ever handed down by the High Court.

Lidia BONIFATI

On 22 December 2009, the Grand Chamber of the European Court of Human Rights (“ECtHR”) delivered a judgment that made history, or at least it was supposed to. The case Sejdić and Finci v. Bosnia and Herzegovina raised lots of expectations … Now, ten years on, we can reflect on the legal and practical legacy of the decision.

Ali YILDIZ

In this second and final post on Turkey’s recent ad hominem emergency decrees, I ask whether the emergency decrees should be characterised as a penalty under the European Convention on Human Rights and also whether they contravene any Turkish constitutional protections.

Toerien VAN WYK

If one has to pick a single case that would give a glimpse into South African constitutional law, S v Makwanyane and Another (Makwanyane) would be a likely contender. The case, dealing with the constitutionality of the death penalty, was the first heard by the South African Constitutional Court. The decision has had a significant impact on South African law and even beyond …

Ali YILDIZ

The purpose of these two blog posts is to consider the implications of Turkey’s recent ad hominem emergency decrees under the Turkish Constitution and the European Convention on Human Rights (“ECHR”). This first blog post will provide some context and describe the legal operation and practical effect of the emergency decrees.

Durim BERISHA

Kosovo’s state- and constitutional-building process represents a unique case of so-called “international state-building” because Kosovan politicians placed a non-legal document above the Kosovan Constitution.

Yvonne TEW

In 2009, Indira Gandhi, a Hindu mother of three children, turned to the courts when her husband left after an argument, forcibly taking their youngest child, an eleven-month old daughter, with him. She had learnt that he had converted to Islam and then converted all three of their children without her knowledge … Indira Gandhi petitioned the civil courts to quash the unilateral conversions of her children and obtain custody of them.

Anna DZIEDZIC

In 2000, Chandrika Prasad, a farmer who had been forced from his home in the aftermath of a coup, took the Republic of Fiji to court. He obtained a declaration that the Constitution of Fiji had not been displaced by the coup and was still in force. Remarkably, the interim government appealed this decision, submitting the question of its own legality to the Court.

Janet McLEAN

In the case of Attorney-General v Taylor [2018] NZSC 104 the New Zealand Supreme Court confirmed by a 3:2 majority that it has the power to issue a declaration that legislation is inconsistent with provisions of the New Zealand Bill of Rights Act 1990 and proceeded to grant such a declaration in respect of the Electoral (Disqualification of Sentenced Prisoners) Amendment Act 2010 which disqualified all serving convicted prisoners from voting.

Eleonora BOTTINI

If asked, any constitutional lawyer from a legal order where a form of judicial review exists would be able to identify at least one case that is indispensable for understanding its constitutional framework. To speak metaphorically, one could say that every jurisdiction has its own Marbury v Madison.

Julius YAM

Kwok Wing Hang and Others v Chief Executive in Council is one of the most important cases in Hong Kong’s post-colonial constitutional history. It was issued during one of Hong Kong’s most divisive times, touches on fundamental questions relating to separation of powers, and attracted unwanted attention from Beijing that might mark the end of constitutional review in Hong Kong.

Aakarsh BANYAL

In 1947, it was deemed necessary for the state of Jammu and Kashmir to be accorded a ‘special status’ within the Indian Constitution, which was done through Article 370. This provision permitted the state to have its own constitution and allowed the application of central laws in Jammu and Kashmir only with the assent of the state legislature.

Erika ARBAN, Tom Gerald DALY, and Dinesha SAMARARATNE

Prof. Wojciech Sadurski, who is a valued friend and member of our IACL Executive Council, is in court in Warsaw this week defending himself from a lawsuit (one of multiple lawsuits) aimed at silencing his robust criticism of the Polish government. This case matters to all of us worldwide who cherish academic freedom, and we want to help voice our strongest support for Prof. Sadurski at this crucial moment.

Jaakko HUSA

States and territories are certainly not eternal; they change when times change. Old rulers and rules are replaced with new ones, thus, countries and territories have to adapt to new rulers and new sets of rules. This story is only too well-known from the history of colonialism and its legacy.

Tom Gerald Daly

Latest Global Research Update Just Issued

The latest Global Research Update on the global platform Democratic Decay & Renewal (DEM-DEC), covering October 2019, is now available here.  In each Update I write an editorial on key themes to help users to navigate the Update, and to provide some limited commentary, especially on very recent research.

Marcos ZUNINO

Last month, the People’s Tribunal on Contested Citizenship in Assam met for two days in New Delhi at the Indian Society of International Law to discuss a situation affecting the rights of millions of residents of North-Eastern India.

Federica CITTADINO

I wish to thank Rebecca Nelson for her inspiring post that really stretches the borders of scholarly debate on environmental federalism by casting new “federal” light on problems that are discussed generally by environmental lawyers. Some of my current research projects can be located in, or wish to contribute to, the areas that Rebecca has aptly identified as part of the new federal research. In particular, there are three elements raised in her post on which I wish to comment.

Ali YILDIZ

The 1961 Turkish Constitution created the Turkish Constitutional Court and endowed it with the power to review the constitutionality of laws and decrees with the force of law. This system of constitutional review was preserved in the 1982 Constitution, with minor changes.

Rongeet PODDAR

Horizontal application of fundamental rights – application against non-state actors – has been the subject of considerable debate globally. Indirect horizontal application of fundamental rights has been the favoured route for horizontal application in most jurisdictions, including in the United States where private law is subject to constitutional scrutiny. However, a few countries have also resorted to giving direct horizontal effect to their fundamental rights against private parties.