The Supreme Court of India (SC) recently delivered a notable judgement in Aureliano Fernandes v. State of Goa & Ors, highlighting “serious lapses” in the effective administration of the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013 or the POSH Act. The SC yet again directed the concerned authorities to ensure [...]
Search Results for: Hayley Behal
Toward the Turkish Presidential Election: A Constitutional Question
A critical presidential election is scheduled to take place on May 14 in Turkey. Nonetheless, there have been heated discussions over the constitutionality of President Erdogan’s candidacy. Erdogan was elected president for the first time in August 2014, following his role as prime minister beginning in 2003. In June 2018, Erdogan was elected as president [...]
The Impact of Stagnant Legal Aid Rates on Access to Justice in Australia
Access to justice is a foundational principle of the rule of law and is often phrased as requiring “the right of equal access to justice for all” through governments providing “fair, transparent, effective, non-discriminatory and accountable services.” In Australia, this principle was described in Dietrich v. The Queen as “the equal justice for all principle.” [...]
An Inter-Caste Rape Case in India Illustrates an Institutional Failure to Protect Dalit Women
The brutal rape and murder of a 19-year-old Dalit woman in India’s Uttar Pradesh (UP) region in September 2020 and the road leading to a subsequent verdict, raise questions about sex, caste, and class-based discrimination in India. The Hathras rape case, as it is colloquially known, clearly depicts the double discrimination faced by Dalit women. [...]
Artificial Intelligence (AI) as a main competitive advantage for the 21st century is rapidly gaining momentum on the world stage. Its accelerating capabilities and potential are so significant that it will transform nearly all aspects of our societies, including the economy, education, healthcare, the law, national security, and beyond. It is becoming the driver for [...]
A Debt Default Would Be Unconstitutional. President Biden Should Say So Now.
House Speaker Kevin McCarthy is openly threatening to force a default on our nation’s debts unless President Biden agrees to a so far unspecified list of spending cuts to federal programs. But the president has a formidable constitutional argument against this irresponsible display of brinkmanship. It is disappointing that he has so far declined, at [...]
The Supreme Court’s Radical Second Amendment Jurisprudence is Sowing Chaos in the Lower Courts
In New York State Pistol & Rifle Ass’n v. Bruen, decided last June, the Supreme Court issued one of the most unusual and dangerous opinions in American history. Clarence Thomas’ majority opinion instructed lower court judges to rely exclusively on history and tradition to resolve Second Amendment cases and to completely ignore the government’s asserted [...]
Constructing India’s Special Marriage Act to include LGBTQ Couples
In November 2022, a petition was filed before the Supreme Court of India to allow legal recognition of marriages between same-sex couples under the Special Marriage Act, 1954 (“SMA”). The petitioner in Supriyo @ Supriya Chakraborty v. Union of India (“Supriyo”) has been in a committed relationship for ten years and is living with his [...]
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 [...]
Why Are We Blind to the Toxic Polarization Disseminated by Popular Representatives?
Toxic polarization is paralyzing democracy. The “war” declared by far-right aligned politicians on their political enemies is fueling hatred and violence and diminishing dialogue in democratic systems. These politicians, interested in destroying the adversary, have become “human bot machines” by immeasurably spreading fake news and misinformation, which ends up making their political practices obscure, denialist [...]