• How not to Divorce Muslim Women in India

      Five years ago, during an extended tea break in Cambridge’s architecturally underwhelming University Library, a grad school friend of mine observed that her research topic, the Uniform Civil Code in India, evoked mixed reaction in our otherwise ideologically streamlined friendship circle (left-liberal to far left, no surprises here).

      Verfassungsblog- 81 Leser -
    • Privacy and the Indian Supreme Court

      Privacy, in something close to its current form, first appeared as a concept in the nineteenth century, the invention of Western legists, who, as the world recovered from enlightenment’s birth pangs, envisaged a little sanctuary where the individual would find refuge from the alienating forces modernity ushered in.

      Verfassungsblog- 76 Leser -
  • Triple Talaq before the Indian Supreme Court

    … Shayara Bano, 35, a mother of two was unilaterally divorced by her husband of 15 years, Rizwan Ahmed, when she was visiting her parents in October 2015. The news came to her by post in the form of a talaqnama. Since then she has not been allowed to see her children. The only evidence of the divorce was the note she received from her husband…

    Verfassungsblog- 75 Leser -

  • Judicial Trust as a Zero-Sum Game in Turbulent Times

    … The current European Rule of Law crisis has resulted in a situation of distrust between national and European institutions, which has led to the necessity to reflect about the relevance of trust and its implications for the creation and sustainability of a European legal area. In this regard, Prof. von Bogdandy has recently stressed in this blog…

    Verfassungsblog- 54 Leser -
  • Pakistan’s Reluctant Constitutionalism

    … Not too long ago, a middle-aged Pashtun guava seller in one of Lahore’s upscale markets, dressed in what cosmopolitan fashionistas will eventually appropriate as Taliban street-chic, whispered to me in confidence that the only thing that could torpedo Pakistan’s phenomenally corrupt prime minister Mian Nawaz Sharif was the Supreme Court…

    Verfassungsblog- 53 Leser -
  • The Spanish Constitutional Court on the Path of Self-Destruction

    … Recently, the Spanish Constitutional Court has published one more decision in application of the new reform of the Law on Constitutional Court which increased its powers for the execution of its own decisions. This time the Court declared the unconstitutionality of a declaration by the Catalan Parliament stating the support for Catalonia…

    Verfassungsblog- 45 Leser -
  • Populist Constitutions – A Contradiction in Terms?

    … The meaning of “populism” is deeply contested. It is striking, though, that many observers appear to agree on one point: whatever else it is, populism is inherently hostile to the mechanisms and, ultimately, the values commonly associated with constitutionalism: constraints on the will of the majority, checks and balances, protections…

    Verfassungsblog- 58 Leser -
  • How Could the ECJ Escape from the Taricco Quagmire?

    … The Taricco saga has produced an endless flow of analyses, conferences, seminars. Just surfing the web one can find several comments (Gallo, Amalfitano, Bin, Sarmiento, Steinbeis, Faraguna, Bassini and Pollicino, Repetto) and even theatrical pieces (Gradoni). All this doctrinal effort is convergent in stressing how difficult has become…

    Verfassungsblog- 52 Leser -

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