Search Results for: constitutionalism

The recent Australian High Court ruling in NZYQ v. Minister for Immigration, Citizenship and Multicultural Affairs has prompted significant developments in Australia’s immigration detention policies. This commentary examines the legal implications of the ruling, the subsequent legislative response, and the ongoing concerns raised by human rights and refugee advocates. A History of Mandatory Detention for [...]

The US Court of Appeals for the Ninth Circuit agreed to re-hear the court’s 2023 three-judge panel decision Thursday which struck down a ban on butterfly knives in Hawaii. Chief Judge Mary Murguia vacated the panel’s previous decision setting up another test for the scope of the Supreme Court’s 2022 ruling in New York State [...]

Belarusian law students enrolled at European Humanities University are filing reports with JURIST on current circumstances in Belarus under the constitutionally-disputed presidency of Alexander Lukashenka. Ulyana Belaya and Katsiaryna Vasilionak file this dispatch from Vilnius, Lithuania.    Back in 2020 presidential elections happened in Belarus, followed by massive protests and even more massive waves of [...]

A death row inmate in Alabama filed a lawsuit in federal court challenging the constitutionality of nitrogen gas executions. He argued that the first person in the nation put to death by this method experienced violent convulsions for several minutes in “a human experiment that officials botched miserably.” Bernard E. Harcourt, counsel for death row [...]

The Pennsylvania Supreme Court announced Friday that it will hear an appeal from Derek Lee, a man convicted of second-degree murder who is challenging the state’s law requiring mandatory life prison sentences for those found guilty of the offense who did not intend to kill. The court granted Lee’s petition for an appeal on the [...]

Canada’s Federal Court declared Tuesday that the Prime Minister and Minister of Justice violated their duties to appoint judges to vacancies in superior courts. Federal Court Justice Henry Brown further wrote that the failure to fill judicial vacancies denies Canadians access to justice without delay, a constitutionally enshrined right. The applicant Yavar Hameed, as a [...]

The Ontario Court of Appeal ruled on Monday that provincial legislation in the central Canadian province that capped public-sector workers’ wages is unconstitutional. This decision upheld the Ontario Supreme Court’s ruling in November 2023. The court found that the act interfered with represented employees’ rights to negotiate for higher wages, stating, “I am satisfied that [...]

The Malaysian federal court declared several Kelantan state Sharia laws to be unconstitutional in a judgement on Friday. The decision followed a petition deposited by lawyer Nik Elin Zurina Nik Abdul Rashid and her daughter, Tengku Yasmin Natasha Tengku Abdul Rahman, to challenge the constitutionality of provisions of the Kelantan Syariah Criminal Code (I) Enactment [...]

The Supreme Court of Canada (SCC) ruled Friday against the province of Quebec’s challenge to the constitutionality of the child welfare provisions in the Act respecting First Nations, Inuit and Métis children, youth and families in a decision. The act outlines frameworks and standards nationally for provinces to follow when conducting family services. Section 24 [...]

In what proved to be a constitutionally fraught week, the Governor of the State of Texas, Greg Abbott, stated on January 26 he will oppose any measure to infringe on Texas’s placing of razor wire on the US-Mexico border, a move that has bolstered Texas nationalists and increased calls that Texas should secede from the [...]