Law making based on sex or gender stereotypes is generally regarded as impermissible, in comparative constitutional law. In this post, we examine whether this is a bright line rule or whether deviations from this principle can be justified.
Read MoreOn 30 March 2020, the High Court of Singapore dismissed three petitions challenging the constitutional validity of Section 377A of the Penal Code, 1938. The provision stipulates that any male person who, in public or private, commits, abets or procures the commission of an act of “gross indecency” with another male person shall be punished, with imprisonment for a term of up to two years.
Read MoreDespite the rhetoric from the Prime Minister’s office following the 2019 UK General Election, the appointed Government has no democratic legitimacy generally, especially regarding the decisions to leave the EU without having a second referendum and to make far-reaching changes to the UK constitution.
Read MoreThe comical manner in which the government handled the “ban” on the selling of “hot cooked food” during the Covid-19 lockdown, highlights a larger (and more important) problem with the manner in which the lockdown regulations have been drafted and implemented. This goes to the heart of respect for the Rule of Law, a founding value protected in section 1 of the South African Constitution.
Read MoreAt first glance it might look like there is nothing special about the way Slovakia is handling the extraordinary situation of the past few weeks: it has declared a (limited) state of emergency, closed its borders and developed a series of other responses the effectiveness of which remains to be seen. There are, however, three reasons why Slovakia is no ‘ordinary case in extraordinary times’ and the developments underpinning the three reasons have two concerning implications.
Read MoreBenjamin Franklin once said that “those who would give up essential liberty to purchase a little temporary safety deserve neither liberty nor safety.” But what would Franklin have given up to secure a lot of permanent safety – to stop a highly lethal microbe that has already killed thousands of people?
Read MoreHere I wish to focus on the issue of proportionality and to argue that the lockdown in the UK is in fact disproportionate and illegal. The proportionality principle will be applied here as one that includes four sub-tests: legitimate aim; suitability (or rational connection); necessity; and proportionality in the narrow sense.
Read MoreThe Afghanistan Constitutional Studies Institute (ACSI) recently published a paper which proposed a constitutional court for Afghanistan. ACSI conducted numerous interviews and held focused group discussions with a broad cross-section of Afghanistan’s political elites…
Read MoreIreland is one of two Member States in the European Union, the other being Poland, where electronic surveillance and in particular access to phone data can be authorised directly by the police without a Court order, but in light of the majority judgment handed down by Irish Supreme Court on 24 February 2020 in Dwyer v The Commissioner of An Garda Síochána & Oths., that may not be the case for much longer.
Read MoreThe Russian Constitution has a tiered amendment procedure. Chapters 3-8 (on the federal structure, state bodies and local self-government) can be amended by the derived constituent power – two-thirds of the State Duma (lower chamber of the Parliament), three-quarters of the Council of Federation (upper chamber), and two-thirds of regional parliaments…
Read MoreThe current Constitution of Uzbekistan was enacted in 1992 after the demise of the USSR. Hence, it is often referred to as the ‘First Constitution’ or the ‘Karimov Constitution’ after the name of the first President who held office from 1989 to 2016…
Read MoreThe COVID-19 pandemic continues to develop worldwide, causing unprecedented disruption and demanding swift and significant government action. The pandemic is requiring governments to take extraordinary measures: massively scaling up public health capabilities, pre-empting catastrophic economic consequences, and invoking emergency measures to restrict…
Read MoreAs COVID-19 spreads, different states across the world are declaring drastic measures – even states of emergency – to slow down or stop its spread. At such times, compliance with government health recommendations is extremely important. However, as the UN reminded us on 16 March 2020: “States should not abuse emergency measures to suppress human rights.”
Read MoreThe World Health Organization, on March 11th, declared the novel coronavirus outbreak a pandemic…Some states have adopted emergency measures, imposing a general lockdown, while others have placed more specific bans and restrictions. Still, however, some have failed to promptly put in place any strict criteria…
Read MoreCOVID-19 Global Pandemic
We are living through unprecedented times. It seems that more than ever before we feel connected yet vulnerable and challenged…In this spirit, this week, we publish two posts that offer reflections on the use of emergency powers in response to the COVID-19 pandemic.
Read MoreUn nouvel épisode de la saga constitutionnelle tunisienne a concerné cette fois-ci le sort du gouvernement en place, plus précisément l’interprétation à donner aux articles 89 et 97 de la Constitution de 2014 advenant l’échec de la dernière tentative de formation d’un nouveau gouvernement conformément à l’article 89.
Read MoreSimilarities seem to appear everywhere once one starts comparing reunification processes from a constitutional perspective. While recent constitutional developments seem to point in the direction of separation and independence movements rather than reunification, the German example springs to mind…
Read MoreEditors’ Note: This post is being published outside our usual posting days of Tuesday and Thursday as it relates to a constitutional case to be considered by the Russian Constitutional Court this week. Please note also that a Russian-language translation of the post is available below the English-language text.
Read MoreAll restructuring of the external territorial boundaries of states takes place in a distinctive context, requiring caution in drawing parallels with experiences elsewhere. The case of Ireland is no exception…
Read MoreThe results of the 2016 Brexit referendum in the United Kingdom immediately placed the issue of Irish unification in the spotlight. This was further highlighted by the success of Sinn Féin in the February 2020 Irish General Election…Even if the Northern Irish electorate voted in favour of unification, under the Belfast/Good Friday Agreement there is no obligation for the Irish government to hold a referendum…
Read MoreThe blog of the International Association of Constitutional Law (IACL)
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