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 [...]

The most important consequence of the protests in Iran for the Iranian diaspora, a diaspora that has been largely unorganized and passive until now, is the opening of a new arena for it in socio-political life as part of Iranian society, even if it has not yet found its appropriate representation and organizational structures. The [...]

The Government of the Islamic Republic of Afghanistan (GoIRA) was established under the 2004 Constitution, which defined the powers and functions of the executive, judiciary, and legislative branches. Under it, the president was constitutionally considered the head of state with authority in the three branches mentioned above. As the head of state, the president had [...]

Nepal is a least developed, land-locked Himalayan country wedged between India and China. After a long period of instability, it adopted a new constitution in 2015, creating a multi-party federal republic. Previously Nepal had been a unitary state, albeit with a long period of political instability and insurgency. The first election under the Constitution was [...]

Recently, Thailand passed an important human rights law following significant pressure from many parties including NGOs, victims of torture, relatives of the dead and missing, and investigative journalists. On 24 October 2022, the King signed into law the Prevention and Suppression of Torture and Enforced Disappearances Act which Parliament enacted on 26 August 2022. This [...]

In 2013, the United Nations (UN) established the Multidimensional Integrated Stabilization Mission in Mali (MINUSMA) to address conflict in the Sahel region. Support for MINUSMA, the deadliest UN mission, has declined, especially after Western leaders have increasingly focused on the Russian intervention in Ukraine. In fact, several Western countries have announced their withdrawal from MUNUSMA, [...]

On October 12, 2022, the Supreme Court of the United States heard a copyright case that could reshape the future of the nation’s copyright regime. Renowned photographer Lynn Goldsmith, who captured portraits of the rock star Prince that Andy Warhol later used to create the iconic Prince series, filed the suit. In 1984, Vanity Fair [...]

The Supreme Court of India recently delivered a judgment in Janhit Abhiyan v. Union of India upholding the Constitution (103rd Amendment) Act, 2019, creating a regime for income-based affirmative action in state-run educational institutions and state-sponsored employment programs. This explainer will illuminate the historical underpinnings of India’s affirmative action scheme and explain its legal evolution. [...]

The Honoring our PACT Act was signed into law by President Biden in August of 2022. This landmark legislation included the Camp Lejeune Justice Act (CLJA), which will be consequential for the thousands of victims poisoned by contaminated water – up to 280 times higher than permitted levels – at Marine Corps Base Camp Lejeune [...]

Since the February 2021 coup d’état in Myanmar, human rights conditions have continued to deteriorate throughout the country. While the current ruling military dictatorship is guilty of causing and/or perpetuating many rights violations, some — such as restrictions on labor rights — had started even before the coup. In this explainer I will look at [...]