UK Constitutional Law Association

affiliated to the International Association of Constitutional Law

Comment on India: Chintan Chandrachud: Koushal v Naz: The Third Way Out

December 11, 2014 will mark one year from the day on which the Indian Supreme Court delivered one of its most heavily criticised judgments in recent history – Suresh Kumar … Continue reading

November 30, 2014 · 1 Comment

Comment on India: Chintan Chandrachud: Dance Bars, Dialogue, and the Indian Supreme Court

An interesting constitutional narrative, involving the government of the Indian state of Maharashtra and India’s Supreme Court, is developing. In 2005, the state legislature enacted primary legislation imposing a ban … Continue reading

July 13, 2014 · Leave a comment

Tarunabh Khaitan: NALSA v Union of India: What Courts Say, What Courts Do

The Indian Supreme Court has recently delivered an important judgment in the case of National Legal Services Authority v Union of India (NALSA). A two-judge bench comprising Justices Radhakrishnan and … Continue reading

April 24, 2014 · Leave a comment

Tarunabh Khaitan: Koushal v Naz: The Legislative Court

In Koushal v Naz—the case being touted as one of its worst judgments—a two-judge bench of the Indian Supreme Court has overturned a 2009 decision of Delhi High Court which … Continue reading

December 22, 2013 · 7 Comments

Chintan Chandrachud: Beyond Ghaidan and Back: the Supreme Court of India on Rights-Compliant Interpretation

 Ghaidan v Godin-Mendoza remains the leading case on rights-compliant interpretation under section 3 of the UK Human Rights Act 1998. In Ghaidan, the majority on the House of Lords held … Continue reading

November 30, 2013 · 1 Comment

Christopher Forsyth and Nitish Upadhyaya: Crown Immunity after the End of Empire in Hong Kong and India

Crown Immunity is a recondite branch of Public Law that seldom makes an appearance in the Law Reports but it does potentially raise grave constitutional issues. It is surely ‘fundamental … Continue reading

November 2, 2013 · 1 Comment

Chintan Chandrachud: Prisoner Voting Rights in India

Whether prisoners should have the right to vote has been the subject of intense political debate in the UK for a few years now. In Hirst ((2006) 42 E.H.R.R. 41) … Continue reading

August 8, 2013 · 1 Comment

Menaka Guruswamy: Of Generals, Judges and Constitutional Democracies

On July 3, General Fattah al-Sisi, the 58 year old Chief of the Egyptian Army announced on television that the army had removed President Mohammad Morsi from power and suspended … Continue reading

July 19, 2013 · 1 Comment

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