Category Archives: International law
Noreen O’Meara: Reforming the European Court of Human Rights: The Draft Brighton Declaration
Efforts to reform the European Court of Human Rights are defining the UK’s chairmanship of the Council of Europe, a six-month term which comes “once in a generation”. With the docket and adjudicatory problems affecting the Strasbourg court well-known, the … Continue reading
Filed under Human rights, International law
Christian Djeffal: Constitutional paths not taken: Germany vs. Italy before the ICJ
On 3 February 2012 the International Court of Justice (ICJ) gave the eagerly awaited judgment in the case Jurisdictional Immunities of the State. It held that Italy violated its international obligations towards Germany in three instances. Firstly, civil claims based … Continue reading
Filed under Comparative law, International law
Christopher McCrudden: Slavery and the constitutional role of judges
How far should judges “update” our legal concepts, or should they root their interpretation in the historical understanding of the concept, leaving updating to the legislature? In the United States, disputes between “strict constructionists” who seek to base the meaning … Continue reading
Filed under Human rights, International law, UK Parliament
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