While it is clear that the Indian federation is Union-heavy, the Constitution does build in some mechanisms of accountability, to check the use of executive power. The legislature is expected to interrogate executive decision-making, with sub-committees expressly tasked with examining subordinate legislation.
Read MoreThe Indian state’s response to the COVID-19 crisis has been breath-taking in its callousness. It has unleashed a humanitarian disaster of mammoth proportions, described by some as the worst that we have witnessed since achieving independence. It has also exposed, in ways that are now impossible to ignore, the perils of an over-centralized state.
Read MoreThis post outlines some of the current steps taken by the Brazilian federal government to alleviate the social and economic dimensions of the public health crisis induced by the global pandemic. It also reflects on the constitutionally sanctioned involvement of the private sector in healthcare…
Read MoreCOVID-19 has led to an explosion of human rights-related litigation. Given the wide-ranging implications of COVID-19 for social rights enjoyment globally and states responses thereto, it is hardly surprising that a significant portion of such litigation thus far has focused on these rights.
Read MoreIn Part I of this blog post, I examined some of the factors that have contributed to the marginalisation of social and economic rights (SER). In this post, I turn to recent political and legal developments that have begun to complicate this dynamic…
Read MoreCoronavirus; climate change; the impact of the 2008 economic crisis and the austerity policies that followed; the cumulative social toll across the globe of four decades of neo-liberal economic governance. The combined impact of all these factors has splintered the broad political consensus that had existed throughout the 1990s and early 2000s as to the sustainability of the existing global socio-economic order….
Read MoreHuman rights potentially conflict with one another. This is particularly visible during the current Covid-19 crisis. The right to the highest attainable standard of health, but also to access to affordable housing and social security, impose positive obligations on States that conflict with their duties to secure other rights, such as freedom of movement or property rights.
Read MoreThe main argument I wish to offer to wider discussions on the legal dimensions of the responses to the Covid-19 pandemic is centred on the effects of the emergency measures adopted in the wake of the crisis, which inevitably developed into economic and social disruptions.
Read MoreIt is clear that in the months to come, political and legal contestations over social rights will intensify. The Social Rights Research Group (RGSR) hopes to be able to facilitate a wide-ranging dialogue and help connect researchers and practitioners from across jurisdictions. We want to enable the asking of difficult questions about social rights theory and practice - and the formulation of responses to them.
Read MoreThe blog of the International Association of Constitutional Law (IACL)
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