Blog of the International Journal of Constitutional Law

Category: Rosalind Dixon

  • The Irish SC and Gay Rights

    Last week the Irish Supreme Court handed down a significant decision in relation to the rights of gays and lesbians living in Ireland. In McD v. L [2009[ IESC 81, the Supreme Court held that in a dispute over legal guardianship and access, a male biological parents (and sperm donor) was in principle entitled to…

  • A New Chief Justice for South Africa

    Today, President Zuma announced that Justice Sandile Ngcobo will become the new Chief Justice of South Africa. The appointment is potentially significant in both: (1) what it says about Zuma’s commitment to judicial independence; and (2) what it signals about the likely direction of the Constitutional Court’s jurisprudence, at least over the next two years,…

  • The Lawrence of India (Pt 2) (the Supreme Court Sequel)

    In a recent post (7/5/09), I reported and commented on the decision of the Delhi High Court in NAZ Foundation v. Government of NCT of Delhi & Ors, reading down 377 of the Indian Criminal Code, so as to apply only to “nonconsensual penile non-vaginal sex and penile non-vaginal sex involving minors” – a decision…

  • The Lawrence of India?

    In Lawrence, when Justice Kennedy surveyed practices regarding the criminalization of sodomy in comparable democracies, a notable omission from his analysis was India: it was clearly an outlier, compared to other major “free” constitutional democracies, in continuing to criminalize sodomy in 2004.