Roe v. Wade, 410 U.S. 113 (1973), is certainly among the most debated U.S. Supreme Court’s opinions that have shaped Constitutional law in the U.S. There the Court resolved the question of whether, and under which conditions, a woman has the right to terminate a pregnancy…
Read MoreChoosing the landmark case of Canadian constitutional law reveals a profound legal fracture. Canada, as it is now known, struggles deeply with its colonial heritage. Canadian law must transform to integrate fully and respectfully Indigenous laws, but the process…
Read MoreIn General Comment 36 on Article 6 of the ICCPR – the right to life – the Human Rights Committee noted, ‘The right to life is a right which should not be interpreted narrowly. It concerns the entitlement of individuals to be free from acts and omissions that are intended or may be expected…’
Read MoreThe famous Lüth-judgment (1958) of the German Federal Constitutional Court (Bundesverfassungsgericht) developed the horizontal application of fundamental rights in Germany (enforced as between private citizens rather than vertically as against
Read MoreThe United Mizrahi Bank decision has attracted interest world-wide, as the Israeli equivalent of Marbury v. Madison. Both Courts used their respective decisions to establish the power to judicially review primary legislation, though neither constitution…
Read MoreSouth Africa has an avowed commitment to remedying past injustices through transformative constitutionalism. One of the vehicles of transformative constitutionalism, South African courts have held that they “have a particular responsibility” to engage in remedial innovation that…
Read MoreWhat makes an apex court’s judgment a ‘landmark’? For the past few years, I have been examining this concept together with a collective of amazing female scholars. Since the first symposium on landmark judgments in Commonwealth jurisdictions was hosted on the IACL-AIDC Blog…
Read MoreThe blog of the International Association of Constitutional Law (IACL)
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