Blog of the International Journal of Constitutional Law

Tag: remedies

  • Article Review/Response: Robert Leckey and Grant Hoole on Remedial Discretion

    [Editor’s Note: In this installment of I•CONnect’s Article Review/Response Series, Grant Hoole reviews Robert Leckey’s recent article in I•CON on The Harms of Remedial Discretion. Leckey then responds to the review.] Review of Robert Leckey’s “The Harms of Remedial Discretion” —Grant Hoole, University of New South Wales Robert Leckey has raised an important dissenting voice challenging the generally favourable treatment constitutional scholars have given to the rising use of prospective or delayed judicial declarations of invalidity in countries with entrenched bills of rights such as South Africa and Canada.

  • Judicial Activism and Forced Displacement: Lessons from the Colombian Paradox

    —Cesar Rodríguez-Garavito, Universidad de los Andes and Dejusticia, and Diana Rodríguez-Franco, Northwestern University and Dejusticia Forced displacement affects millions of people in the world and entails a violation of basic human rights.  In many countries, given the lack of institutional capacity,  the main way of addressing this issue is through international human rights law  and humanitarian law institutions.