In recent years, same sex marriage has become one of the hottest legal and political topics worldwide. Latin America is no exception to this rule. Recently, in September 2007, the National Civil Court of Appeals, (“Cámara Nacional de Apelaciones en lo Civil”), rejected an injunction brought by a couple of two women that wanted to [...]

The relationship between church and state is attracting increased attention in Denmark and the relationship between the Danish Protestant State Church and other religious group in Denmark is often intensely debated. The Protestant State Church comprises 82 percent of the Danes whereas e.g. the Catholic faith is a minority religion – comprising some ½ percent [...]

The Supreme Court of Israel is a unique judicial body. It is the highest court in Israel – the last resort for appeals in a three-tiered judicial system. However, sitting as a High Court of Justice it is also the court of first and last instance in petitions for judicial review of administrative action. And [...]

INTRODUCTION The Spanish Constitutional Court is becoming one of the most popular institutions in the country. By “popular” I do not mean “generally well-liked”, but “frequently used” or mentioned in conversations and in the media, that is, in the middle of the political debate. On the other hand, as I mentioned in previous contributions, (here [...]

The Chilean Constitutional Court held, in a 5-4 decision, that the emergency contraceptive pill (the so-called “morning after pill”) was contrary to the right to life recognized in the Chilean Constitution. Some insight into the political backdrop of this case will assist in understanding the controversy that the Court faced and decided. By early 2006, [...]

The present report will focus on the controversial issue of businesses using cheaper labour force coming from East European countries which joined the EU in 2004. Just before Christmas the Court finally ruled on two long-awaited cases concerning unions’ right to take collective action for the protection of their members’ interests. The Viking (Case C-438/05 [...]

According to the Argentine National Constitution, the Argentine Nation adopts the federal republican representative form of government. The Judicial Power of the Nation is vested in a Supreme Court and in such lower courts as Congress may constitute in the territory of the Nation. The President appoints Justices of the Supreme Court, but the consent [...]

1. Introduction The drafters of the South African Constitution were a rather ambitious lot and envisaged that the new Bill of Rights would play a major role in the transformation of the country and of its laws. It is often said that the South African Constitution – adopted in 1996 – is a transformative Constitution [...]

2007 will be a year to remember in the history of the Spanish Constitutional Court. Not because of the last amendment of its regulatory law, which has changed the individual appeal process for the protection of fundamental rights and is supposed to put an end to the huge number of pending cases, but because of [...]

Introduction The African Commission on Human and Peoples’ Rights (Commission) was established in 1987, one year after the African Charter on Human and Peoples’ Rights (African Charter) came into force. It holds the mandate to promote and protect human rights in Africa pending the full functioning of the African Court on Human and Peoples’ Rights [...]