Code of Civil Procedure is 1908 Act - which continues to rule the legal and judicial minds - hence clouds the adjudications of matters under Special Statutes, where the applicability of Code of Civil Procedure is specifically barred. The Special Statutes specifically assert that the Principles...

This chapter of the Oxford Handbook of Online Intermediary Liability sets the stage for considering the tension between intermediary liability and fundamental rights with special emphasis on the European legal framework. Competing fundamental rights, such as freedom of expression, privacy,...

The European Court of Human Rights has shown significant weariness in interpreting the European Convention on Human Rights (ECHR) as protecting socio-economic rights. Issues of political legitimacy, judicial proprietary and resource allocation would play more heavily on an internationalised...

This essay reviews David Bilchitz's "Poverty and Fundamental Rights" (Oxford U. Press, 2007). Bilchitz's book divides into two parts. In the first, Bilchitz constructs a theory of basic rights, including socioeconomic rights. In the second, he examines how basic socioeconomic rights have been...

With the entry into force of the Lisbon Treaty, the EU Charter of Fundamental Rights has finally become a legally binding document of primary law, a core element of the Union’s legal order and the starting point for the ECJ judge for assessing the compatibility of EU or Member States measures...

The paper compares the case law on the right to life of the European Court of Human Rights and the Human Rights Committee. It is argued that the main interpretative method that both the Committee and the Court use is the principle of effective protection of the right to life in practice. The...

To what extent is a country allowed to regulate immigration into its territory, and thus to determine who lives there? Acts of immigration amount to changes in two distinct relationships. They amount to a change in political relationships, since the immigrant alters her political standing within...

It is widely acknowledged that rights and freedoms guaranteed in the African Charter on Human and Peoples’ Rights (‘Charter’) are justiciable. However, any complaints about violations of Charter’s guarantees are admissible before the African Commission on Human and Peoples’ Rights only...

The former administration of Donald J. Trump shattered norms governing the responsibility to relay accurate, truthful information to the public. Whether regarding trivialities or vital issues of the day, the “Trump Doctrine” unleashed a global torrent of damaging misinformation and...