VRÜ Verfassung und Recht in Übersee

This article provides a study of the modalities and legal effects of the termination of the functions of members of the Congolese Constitutional Court. It offers a detailed analysis based mainly on the relevant provisions of Ordinance No. 16/070 of...

Studies in Public interest Litigation (PIL) in India are predominantly about the Supreme Court's approach in meeting the ends of justice through indigenously evolved jurisdiction. The High Courts as important constitutional bodies are more often...

The authors argue that the privatization of health care not only privileges profitable health provision and loses sight especially of community services and basic medical treatment but also tends to imply a crippling change of the legal tools...

This article compares the legal regimes of land restitution that were enacted in Germany, after World War II and again after the Cold War, with those enacted in Colombia after a decades-long armed conflict, in which many people lost their land. Many...

On 26th October 2018, Sri Lankan President surprised the nation with his abrupt removal of the Prime Minister in office and the appointment of another Prime Minister on ambivalent constitutional grounds. Through his actions, President Sirisena was...

This paper explores the possibility of judicial review of legislative process (“JRLP”) in India. It draws on scholarship from other jurisdictions to outline a case in favour of JRLP in light of India’s particular context. It begins by...

India’s ‘Representation of the People Act, 1951’ (RPA), includes two provisions that restrict certain categories of electoral speech. The first such provision is Section 123 (3) of the RPA which restricts electoral appeals made by political...

The Inter-American Court of Human Rights (IACtHR), after 28 years of conflict with the Argentine state, finally ruled in favor of the rights of the indigenous communities of Salta, Argentina. The Court condemned Argentina for violating the right of...

This paper is contextualised around the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act 2006 in India, which recognises both individual and community rights of the Scheduled Tribes and other traditional...

The jurisprudence of the Supreme Court of India is generally celebrated in the academic literature for its creative use of constitutional interpretation to read in certain socioeconomic rights into the ‘right to life’ provision despite their...

This article investigates the contribution of a new type of hybrid actor to fostering the rule of law in weak states. In a number of issue-areas in global governance, hybrid solutions have been experimented with, and the latest manifestation of this...