Dignity & Democracy
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    CASE NOTE  –  A Reference by the Attorney General for Northern Ireland: The Supreme Court overrules the Cheshire West test with reference to dignity,  by Jonathan Hall

    [2026] UKSC 16 – 2nd June 2026 Key words Public Law; Human Rights; Mental Capacity; Consent to confinement; Art.5 ECHR Overview The Attorney General for Northern Ireland sought an answer as to whether a amendment to the Deprivation of Liberty Safeguards Code of Practice was compliant with the protection of physical liberty afforded by article […]


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    CASE NOTE  –  R v ABJ (Appellant); R v BDN (Appellant): the dignity of terrorism victims and freedom of expression, by Jonathan Hall

    [2026] UKSC 8 – 26 February 2026 Key words Criminal Law; Human Rights; Freedom of Expression; Art.10 European Convention on Human Rights; Terrorism Offences Overview Appeal of Case [2024] EWCA Crim 1597 The case concerned an appeal based on the European Convention on Human Rights (ECHR) against convictions for expressing support for a proscribed organisation, […]


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    CASE NOTE  –  Daly (Appellant) v His Majesty’s Advocate (Respondent) (Scotland); Keir (Appellant) v His Majesty’s Advocate (Respondent) (Scotland): human dignity, privacy and ‘proper administration of justice’, by Jonathan Hall

    [2025] UKSC 38 – 12 November 2025 UKSC/2023/0123 Keir (Appellant) v His Majesty’s Advocate (Respondent) (Scotland) Key words Criminal Law; Criminal Procedure; Human Rights; Art.6 European Convention on Human Rights (ECHR) right to fair trial Overview Conjoined appeals relating to the fairness of sexual offences (including rape) trials. Both defendants sought to appeal convictions on […]


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    CASE NOTE – For Women Scotland Ltd v The Scottish Ministers: Recognising the Importance of Dignity for Society and Identity, by Jonathan Hall

    [2025] UKSC 16 – 16 April 2025 Key words Public Law; Equality Law; Personal Determination; Employment Law; Discrimination, Transgender people’s rights Overview Appeal of Case [2023] CSIH 37 The review concerned guidance relating to the Gender Representation on Public Boards (Scotland) Act 2018. The guidance was that for the purposes of monitoring the composition of […]


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    From Open Futurity to Risk Governance: AI and the Temporal Turn of Anti-Discrimination Law, by Elisabeth Greif

    Time and temporality are central to anti-discrimination law, which is fundamentally shaped by assumptions about the past, present, and future. Anti-discrimination law looks back by listing grounds shaped by past injustices, operates in the present as courts reinterpret and assess past facts in light of the present, and keeps the future open through categories like […]


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    ECtHR case-law and the intersubjective elements of human dignity, by Hanna-Maria Niemi

    Human dignity is about human life. However, explaining in detail the meaning of human dignity as a legal concept is difficult since it is hard to pinpoint exactly what is most salient in human life, and what aspects of that are recognized in the sphere of law. The methodology of clarifying the legal concept of […]


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    Diluting Women’s Dignity Through Justification, by Meghan Campbell

    The challenges in determining what constitutes an inequality have led some courts to both implicitly and explicitly look to the justification-stage when assessing whether there has been a breach of women’s equality rights. Courts around the world, including in South Africa, India, the UK, the US and Canada, will analyse, for example, whether the law […]


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    Can Democracy Survive on Elections Alone? Democratic Resilience and Constitutional Rights in Portugal Fifty Years After the 1976 Constitution, by Catarina Santos Botelho

    Fifty years after the Carnation Revolution, Portugal offers an important constitutional lesson: democracy cannot survive on elections alone. Free elections are indispensable, but democratic endurance depends equally on a wider ecosystem of rights that enable people to speak, organise, participate, and live with dignity. Portugal’s democratic success since 1976 owes much to the protection of […]


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    Bringing Justice to Survivors: Restoring Women’s Dignity in the Democratic Republic of the Congo through Mobile Courts, by Suchita Tamang

    Since 1996, conflict in the Democratic Republic of the Congo (DRC) has been marked by widespread sexual violence used deliberately as a weapon of war, including rape, sexual slavery, and forced pregnancy.[1] Once dismissed as an inevitable by-product of conflict, such acts are now increasingly recognised as serious violations of international law. Against this backdrop, […]


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    Populism and Courts in an Age of Constitutional Impatience, by Raphael Girard

    In recent decades, several countries have witnessed the rise of populist politics, both in established and ‘emerging’ democracies. From a public law perspective, populists tend to criticise the disconnection between ordinary citizens and the liberal-democratic institutions that are supposed to represent them. In their view, representative democracy is filled with slow, artificial, cumbersome and unnecessary […]


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