January 1977 witnessed two significant losses in the constitutional framework of India – a supersession and a resignation. Supersessions in the higher judiciary (where the judges next in line for appointment to a particular position, by virtue of seniority, are passed over) were common at that time, but resignations were not.
Read MoreThe self-evident morality of the law against unfair competition is brought into stark relief by Lord Justice Jacob in the U.K. Court of Appeal’s judgment in L’Oréal v Bellure, noting that “[w]e are all against misappropriation, just as we are all in favour of mother and apple pie.”
Read MoreOn 24 March, 2019, a three judge Bench of the Kenyan High Court dismissed a constitutional challenge to Sections 162(a), (c) and 165 of the Kenyan Penal Code, which criminalized acts which are ‘unnatural’, ‘against the order of nature’ and grossly indecent. It was contended that the provisions disproportionately affected LGBT individuals and should be struck down
Read MoreThe evolving use of technology by government(s) to create a surveillance security regime to monitor dissent in present day India has a dangerous organic relationship with the retention of statutory offences criminalising political speech. Their object is the same; imposing fundamental restrictions to constitutional freedoms.
Read MoreTo conclude the IACL ‘Symposium Season’ celebrating the one-year anniversary of the re-launch of the new-look blog – and before the 6-week hiatus starting on 1 August – we have put together a ‘Indian Young Scholars’ Mini-Symposium featuring four contributions from emerging Indian students of constitutional law, writing on issues focusing on India and more generally on the Global South.
Read MoreThe blog of the International Association of Constitutional Law (IACL)
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