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
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
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
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
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
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
