23 März 2022
Transformative Constitutionalism and Climate Litigation
I argue that courts can locate the transformative potential of law not only through the explicit text of a constitution (although that is one of the main drivers), but also through extra constitutional drivers such as international law. In doing so, courts are able to challenge pre-existing structures of tradition, legality and culture. I will demonstrate this through a brief analysis of key climate cases from both the Global North and the Global South, namely from the Netherlands, Pakistan, Colombia, and Germany. In addition, I also aim to show that considerations usually associated with TC can emerge in both Global North and South contexts. Continue reading >>
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20 Mai 2021
Delhi’s Disempowerment
A recent amendment passed by the Indian Parliament enhances the power of the Central government’s representative of Delhi, and impedes the governing autonomy of the elected government in Delhi. The seeds of this potentially unconstitutional amendment lie in the Indian Supreme Court’s (SC) ambiguous and imprecise judicial reasoning in a case concerning the power tussle between the Delhi Government and the Central government. Continue reading >>
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