Indian law students are reporting for JURIST on law-related developments in and affecting India. This dispatch is from Samar Veer, a third-year law student at National Law University, Delhi. Putting to rest yet another controversy relating to the national debate over judicial appointments, the Indian Supreme Court last week dismissed two writ petitions filed in [...]
Search Results for: petitioners
A Kenyan court ruled Monday that Meta, Facebook’s parent company, can be sued in a case involving mental injury to a former Facebook moderator in the course of his employment. Justice Jacob Gakeri rejected Meta Platform Inc.’s and Meta Platforms Ireland Ltd’s motion to dismiss, which claimed that the court lacked jurisdiction. Justice Gakeri stated [...]
North Carolina Supreme Court orders rehearings of redistricting and voter ID case
The North Carolina Supreme Court Friday granted a petition for rehearing for two settled cases. This decision comes after the election of new justices in 2022, which gave the court a 5-2 Republican majority. The order granting the petition for rehearing relied on North Carolina Rule of Appellate Procedure 31, which allows rehearings of decisions [...]
Explainer: The Emerging 'Unconstitutional State of Affairs' Doctrine
The unconstitutional state of affairs doctrine, having its roots in a 1998 judgement of the Colombian Constitutional Court (CCC), has gained immense popularity due to the systemic, policy-based, manifestly illegal acts of executive branches of governments worldwide. Calls for recognizing the existence of an unconstitutional state of affairs have persistently been made in the Latin [...]
Jettisoning Jargon: Why India Needs Its Own Plain Language Act
With New Zealand passing the Plain Language Act, bidding farewell to inexplicable jargon and complex language from its bureaucracy, it’s time India considers passing similar legislation. Indian laws have frequently been criticized for their poor and archaic drafting that makes them difficult to comprehend. The reluctance of Indian lawmakers to depart from traditional practises of [...]
The US Court of Appeals for the Ninth Circuit Thursday issued an opinion holding that the US Board of Immigration Appeals (BIA) must consider whether non-US citizens who are perceived in their home countries to be LGBT and persecuted for being considered part of that group can be granted asylum in the US. The decision came [...]
India Supreme Court agrees to simplify passive euthanasia process
The Supreme Court of India Wednesday agreed to modify its 2018 judgement legalising passive euthanasia in the country, setting plans in motion to make the authorisation process easier. The petition initiating this case was filed by Common Cause, a civil society organization behind the legal crusade to legalise passive euthanasia. The organisation filed another petition [...]
US conservation groups sue federal agencies over Montana predator removal program
Three wildlife conservation groups Wednesday sued the US Department of Agriculture (USDA) Wildlife Services and the US Fish and Wildlife Service (USFWS) in the US District Court for the District of Montana over a predator removal program which the groups argue harms “native wildlife, predator conservation, grizzly bears, and grizzly bear conservation.” The petitioners include [...]
UN human rights office urges Sri Lanka to provide full reparations to victims of 2019 attack
Following a decision of the Supreme Court of Sri Lanka last week ordering top former authorities, including former president Mathripala Sirisena, to compensate the victims of the Easter Sunday Attack in 2019, spokesperson Jeremy Laurence of the UN Office of the High Commissioner for Human Rights (OHCHR) urged the Sri Lankan government to provide full compensation to [...]
Uganda Constitutional Court declares controversial section of communications law void
The Ugandan Constitutional Court Tuesday declared a section of the Computer Misuse Act, No. 2 of 2011 void with enforcement banned. Section 25 of the act prohibited any person from “willfully and repeatedly electronic communication to disturb or attempt to disturb the peace, quiet or right of privacy of any person with no purpose of [...]