Derek O’Brien and Se-shauna Wheatle: The Commonwealth Caribbean and the Uses...
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...
View ArticleDerek O’Brien: The Basic Structure Doctrine and the Courts of the...
The basic structure doctrine, as first expounded by the Indian Supreme Court in the early 1970s in Kesavanand Bharati v Kerala (A.I.R. 1973 SC 1461), asserts that the law-making powers of a legislature...
View ArticleDerek O’Brien – Comment On The Caribbean: Commonwealth Caribbean Elections.
When comparing the relative political stability of Britain’s former colonies in the Commonwealth Caribbean with the lack thereof in former British colonies in Africa and Asia and the former colonies of...
View ArticleDerek O’Brien: Magna Carta, the Right to Trial by Jury and the ‘King of Sleaze’
As commentators mark the eight hundredth anniversary of Magna Carta by celebrating its influence in exporting ‘British values’, including the right to trial by jury, across the common law world, it is...
View ArticleDerek O’Brien: Prorogation: A Postcolonial Perspective
Whether or not it is ultimately found to be unlawful, the Prime Minister’s decision to advise the Queen to prorogue Parliament has shed a spotlight on what Robert Blackburn has described in his...
View ArticleCarol Harlow: Windrush: Lessons learned or perhaps not?
What happened? When? To whom? and Why? On 19 March, screened by the draft Corona: Defence of the Realm Bill, the long awaited Windrush: Lessons Learned Report (hereafter Lessons Learned) was...
View ArticleRichard Clayton QC: Will the Caribbean Court of Justice replace the Privy...
Logic suggests that replacing the Privy Council with the Caribbean Court of Justice (the CCJ) is not a question of whether – but when. Since the Norman Conquest the Privy Council has been the...
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