The last four or so weeks have been dramatic in Kenyan corridors of power because of the controversial Finance Act, 2023. It is not only one of the first major laws that was pushed through by the new Kenya Kwanza government which came to power in September 2022, but it is also a law that [...]
Israel took a significant step closer to a constitutional crisis on July 24, 2023, when the controversial “Reasonableness Amendment” passed its final readings in the Israeli Parliament (the Knesset), becoming law by a 64-0 vote that occurred while the opposition left the Knesset in protest. The amendment aims to reshape the grounds for judicial review [...]
“It must not be forgotten that it is perhaps more dangerous for a nation to allow itself to be conquered intellectually than by arms.” —Guillaume Apollinaire, “The New Spirit and the Poets” (1917) Nuclear weapons remain unique in the history of warfare and corresponding international law. Even a single instance of nuclear war-fighting could signify [...]
The US Supreme Court does not want or need an enforceable code of ethics. As I listen to the reasons given by some members of the Supreme Court to support this position, the words sound strikingly familiar. I have heard the same reasons given by judges in several developing democracies, mostly post-communist countries in Central [...]
With the recent resurgence of discussions surrounding digital identification in Kenya, it is time to take a closer look at the potential benefits and associated risks. In October 2021, the National Integrated Identity Management System (NIIMS) introduced in January 2019 and popular as ‘Huduma Namba’, was declared illegal by the High Court for conflicting with [...]
In 2012, I authored a book called “Supreme Myths: Why the Supreme Court is not a Court, and its Justices are not Judges.” The thesis of the book was that, due to a perfect storm of factors, the Supreme Court in practice makes all-things-considered decisions, not legal decisions, with the only real constraint on the [...]
The world continues to grapple with the challenges posed by strongman leaders who prioritize their own power and interests over global stability and cooperation. This essay explores the notion that the age of the strongman remains as threatening as ever. However, it argues that countering this threat requires upholding the rule of law rather than [...]
Scarcely three years after the largest protests against racism in U.S. history, a majority of the Supreme Court this week is expected to declare acts of racial consciousness in college admissions unlawful. At oral argument for the two cases, six justices were openly dismissive of the notion that more than three centuries of de jure [...]
Today the United States celebrates Juneteenth, commemorating the emancipation of enslaved people in the United States. Juneteenth is the anniversary of the day in 1865 on which Union Major General Gordon Granger informed 200,000 enslaved people in Texas that they were free by executive decree. Juneteenth was a day of joy and celebration, and we [...]
Following global practice — including that of the U.S. military justice system — the Pakistan Army Act builds on maintaining good order and discipline among service members, as no military can effectively function without strict discipline. The court-martial, that is, trial by military officers of breaches of service-connected discipline, including crimes, sits at the heart [...]
