Part I: Androcentric University Attendance Requirements in India: Is there Hope for the Future?

Part I: Androcentric University Attendance Requirements in India: Is there Hope for the Future?

Anupriya Dhonchak

Over the last few months, Indian women have been speaking out about their experiences of sexual harassment and abuse more than ever before. But the #Metoo movement, perhaps sparked six years ago by the notorious case of a 23-year old student being gang raped by six men on a bus in Delhi, has thrown into stark relief the extremely phallocentric nature of our state and societal institutions.

Read More

Symposium: Nailing Canards: Why President Sirisena’s Actions Remain Illegal, Unconstitutional, And Illegitimate

Symposium: Nailing Canards: Why President Sirisena’s Actions Remain Illegal, Unconstitutional, And Illegitimate

Asanga Welikala

Editors’ Note: This text is a cross-post from Groundviews and was published on 11 November 2018. The original text can be viewed here.

There have been intense public debates over the meaning and interpretation of the Constitution, and especially the far-reaching changes introduced by the Nineteenth Amendment in 2015, since the dramatic and ongoing attempt at an unconstitutional transfer power that began on the evening of Friday 26th October.

Read More

Symposium: Sri Lanka: Democratic Decay or Democratic Demolition?

Symposium: Sri Lanka: Democratic Decay or Democratic Demolition?

Dinithi De Alwis

On the night of October 27th Sri Lanka became plagued by a constitutional crisis, when it was announced that President Maithripala Sirisena had removed Ranil Wickremesinghe as Prime Minister and sworn in former President Mahinda Rajapaksa as the new PM.

Since then, many exceptional scholars and lawyers have highlighted the fundamental unconstitutionality of President Sirisena’s actions. Ordinary citizens have taken to the streets to demand that their democracy, votes, and human rights be respected.

Read More

Responsible Drinking rather than Prohibition: Debates on Alcohol in the Constituent Assembly in India

Responsible Drinking rather than Prohibition: Debates on Alcohol in the Constituent Assembly in India

Surya Rajkumar

On the 24th of November 1948, the Indian Constituent Assembly debated the draft Article 38 which later found itself as Article 47 in the Indian Constitution. Today, Article 47 envisages a prohibition on the consumption of intoxicating drinks except for medicinal purposes. Article 47, although a Directive Principle, has been fodder to populist rhetoric in election times. But total prohibition has demonstrably failed in contemporary India.

Read More

Extraordinary Renditions: Old Story, New Trend

Extraordinary Renditions: Old Story, New Trend

Arianna Vedaschi and Chiara Graziani

Before the outbreak of the terrorist threat in 2001, Blackstone’s claim that “every right when withheld must have a remedy, and every injury its proper redress” could be considered as a well-established certainty in democratic countries. Yet the practice of extraordinary renditions (ERs) shows that international terrorism puts even such an apparently self-evident principle under stress. 

Read More

30 years of the Constitution and the Brazilian Presidential Election: The Challenge of Preserving Democracy

30 years of the Constitution and the Brazilian Presidential Election: The Challenge of Preserving Democracy

Manuelita Hermes Rosa Oliveira Filha

After celebrating the thirtieth anniversary of the Constitution, approved in 1988, there was a very big task for the Brazilians: elect a new President. This was the challenge the country faced a few days ago. This is no ordinary election: the president-elect, Jair Bolsonaro, has raised concerns of a collapse of democracy. 

Read More

Part I: What Being Left Behind by the Rule of Law Feels Like

Part I: What Being Left Behind by the Rule of Law Feels Like

Renáta Uitz

On October 25, 2018 Central European University (CEU) made international news again. President and Rector Michael Ignatieff announced that CEU is moving to Vienna, unless the Hungarian government makes progress by December 1, 2018 on the international agreement it is meant to sign with the State of New York under Hungarian law.

In the last few hours many readers of this blog, friends and colleagues, took to asking how I felt about this. Disappointed, frustrated – but most of all: betrayed.

Read More

Paradise Lost? Preliminary Notes on a Constitutional Coup

Paradise Lost? Preliminary Notes on a Constitutional Coup

Asanga Welikala

Editors’ Note: This text is a cross-post from Groundviews and was published on 27 October 2018. The original text can be viewed here.

There were three dramatic announcements on the evening of Friday 26th October 2018 from the Presidential Secretariat: (a) the announcement of the withdrawal of the UPFA from the government; (b) the swearing-in of Mahinda Rajapaksa before President Maithripala Sirisena as the Prime Minister; and (c) removal of Prime Minister Ranil Wickremesinghe from office.

Read More