VRÜ Verfassung und Recht in Übersee

Despite the global trend, climate change litigation in Southeast Asia has remained underexplored and has been given less attention within scholarly discourse. This article aims to contribute to the debate in the region by taking a critical stand in...

The protection of fundamental rights is an important issue and the very essence of the rule of law proclaimed in article 1 of the Constitution of the Democratic Republic of the Congo. This protection must be ensured by the judge and more...

As the climate crisis disproportionately imperils the health of populations living in poverty and social exclusion in Latin America, realizing the most vulnerable population's right to health as a crucial component for achieving climate justice...

The jurisdiction of the Constitutional Court of the Seychelles, the Court, is provided for under different provisions of the Constitution. Article 46 deals with the circumstances in which a person may approach the Court to enforce human rights. It...

Applicable law protecting the right to health in the Democratic Republic of the Congo (DRC) consists of ratified human rights treaties, such as the International Covenant on Economic, Social and Cultural Rights (ICESCR) and the African Charter on...

The global climate crisis is increasingly recognised as an issue of climate injustice, including because it is causing (and worsening) inequalities and human rights violations. Moreover, responsibility for emissions and vulnerability to climate...

This article provides a critical overview of youth-led climate change litigation, an emerging practice which could go some way towards redressing the injustice the Global South suffers as a result of global warming. It preliminarily explores the...

What do we learn when we ask ‘the woman question’ of constitutions of the Global South? Constitutions worldwide are increasingly the subject of gender analysis, which rests on ‘asking the woman question’ to uncover the gendered implications...

This paper assesses feminist constitutional activism in India, i.e. feminist engagements with the Constitution with the aim of broadening women's rights. To this end, the paper looks at several generations of feminist activists. It shows how...

This paper makes the case for a theorising of gendered constitutionalism in postcolonial Africa on its own terms, rather than as an appendage or often afterthought to hegemonic and universalising impulses of Western liberal thought. More...

Tunisia can be considered as a recent example for gendered constitutionalism in the Global South. In 2014, the country adopted a new constitution in the context of the so-called Arab Spring and enshrined far-reaching women's rights in it. With the...

This paper situates itself within existing feminist constitutionalism analyses by noting that constitutions and constitutional processes are gendered and that constitutional norms may have different consequences for different genders. However, it...

This commentary is on one ‘promise to marry’ judgment and its feminist re-writing. Promise to marry cases involve a woman agreeing to sexual intercourse with a partner relying on his promise to marry her subsequently. In inter-caste...

The case of Anwar Ali Sarkar has been a founding precedent for equality jurisprudence in India and elsewhere. The case is most cited for the two-step reasonable classification test. Yet over the years, it has become increasingly clear that there...

In Asokan K.M. v. State of Kerala (2017) at the behest of a disgruntled Hindu father whose daughter had converted to Islam and married a man of her choice, the Kerala High Court (HC) cast the daughter, Hadiya, as a ‘vulnerable’ woman before...