Category: Analysis
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Putting New Wine Into Old Wineskins—Same-Sex Marriage in the African Context: Upholding Traditional Values and Defining Human Rights
—Kwame Frimpong, Founding Dean and Professor of Law, GIMPA Law School (Accra, Ghana) The issue of same-sex marriage is not only controversial but also highly emotive, particularly within the African context. On the one hand, it raises both religious and traditional undertones.
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In Search of Alternative Standards for the Adjudication of Socioeconomic Rights
—Carlos Bernal, Senior Lecturer, Macquarie University Socioeconomic rights are one of the greatest innovations of contemporary constitutionalism, in particular, of developing countries. Some of their constitutions address the issues of poverty, unsatisfied basic needs, lack of resources for the exercise of freedoms and political rights, and unequal distribution of opportunities and wealth, by means of…
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The Canadian Charter of Rights and Freedoms in Hong Kong Jurisprudence
– Simon NM Young, University of Hong Kong In my current research, I am trying to understand the influence of the Canadian Charter in Hong Kong’s development of human rights jurisprudence after returning to China in 1997. The prospects for migration were strong, though not because constitutional text had been transplanted.
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Local Injustice: Why We Shouldn’t Forget about Saif Gaddafi
—Ruti Teitel, 2012-13 Straus fellow at NYU School of Law, Ernst C. Stiefel Professor of Comparative Law at New York Law School, and author of Transitional Justice (OUP 2000) and Humanity’s Law (OUP 2012). In the London newspaper the Daily Mail, Saif Gaddafi’s longtime girlfriend, Orly Weinerman, has asked that Saif be spared prosecution…
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A Review of Iceland’s Draft Constitution from the Comparative Constitutions Project
–Zachary Elkins, University of Texas; Tom Ginsburg,University of Chicago; James Melton,University College London On the heels of an extraordinarily interesting experiment in constitutional design by crowdsourcing, Iceland is headed to the polls this week to test the public’s reaction to the draft constitution.