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
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
Se-shauna Wheatle: Maurice Tomlinson v Television Jamaica Ltd: Horizontal Rights Application in Jamaica
For more than twenty years Jamaica was engaged in the process of amending the Chapter of Fundamental Rights enshrined in the Constitution of Jamaica 1962. The culmination of that project … Continue reading
Massimo Fichera and Helen E. Hartnell: All you need is law: Same-sex marriage in Italian courts
The Italian Corte di Cassazione (CdC) has delivered a judgment which marks a fundamental change of direction in the treatment of same-sex marriage in the Italian legal system. Case 4184/12, decided on … Continue reading
Emily Burke: Same-Sex Marriage Legislation in Australia
There is a global trend towards the recognition of same-sex unions, with recent expressions of support from Prime Minister David Cameron, President Obama and the new French President Hollande. In … Continue reading
Derek O’Brien and Se-shauna Wheatle: The Commonwealth Caribbean and the Uses and Abuses of Comparative Constitutional Law
The practice of judges engaging in a transnational judicial conversation about constitutional rights, by referring to the judgments of international human rights courts and other constitutional courts when interpreting their … Continue reading
