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Category Archives: Comparative Law

The United Kingdom To Walk Out On The European Court of Human Rights?

It has been a rough few days for the relationship between the United Kingdom and the Strasbourg-based European Court of Human Rights (ECtHR). After a first report (PDF) published last week by the Independent Reviewer of Terror Laws Lord Carlile of Berriew criticizing rulings from the ECtHR regarding control orders (see JURIST report here), a new [...]

A Quick Update on the Niqab Debate

Just a quick update regarding the Niqab debate in France: last week, the French Senate voted overwhelmingly and as expected the law banning the wearing of full-face veils that had already been voted by the lower house of the French Parliament, l’Assemblée Nationale, in July. The law still has to face the scrutiny of the [...]

Justice and the US; immigration and disability

It turns out that people face greater injustice in the United States, well at least in regards to immigration. This is because individuals with mental disabilities are more likely to face erroneous deportation under the US Immigration and Customs Enforcement (ICE). The reason for this is the judicial system. In the US, immigrants have no right to free legal representation at their hearings. Normally this is bad, but the effects are compounded when these immigrants have mental disabilities, and are just unable to defend themselves and put across their reasons for seeking asylum.

Compétence sur la Compétence: A Comparison of the United States and the European Union, with Gloves

There’s a recent internet “buzz” around the question of whether the European Union is or is not a State, following British MP Daniel Hannan’s post claiming that, with the UN recognizing the EU officially and the Lisbon treaty giving it the power to sign treaties, the European Union was now officially a State under international [...]

The Banning of the Niqab in France: Legal and Cultural Perspectives

Yesterday, the French lower-house of the Parliament, l’Assemblée Nationale, voted in favor of a bill banning the full-face Islamic veil, also known as the niqab and to a certain extent the burqa (even though no “burqa” has ever been reported to be seen in Europe – see pictures in this article), after months of debate [...]

Asylum and Homosexuality

There was an interesting story in the Guardian today that restored my faith in the ability of the English judiciary. The case in question was an appeal to the now Supreme Court of the UK, and had to do with whether persecution because of one’s sexuality was a legitimate reason for getting asylum. In the [...]