07 August 2024
Breaking with Conservatism?
The Japanese Supreme Court has been described as “the most conservative constitutional court in the world”. And, though lower courts can sometimes be more active, the Japanese judiciary as a whole tends also to be referred to as conservative. However, recent developments challenge this view. In particular, Japanese courts have begun to issue rulings in favour of the rights of sexual and gender minorities on issues like same-sex marriage and gender recognition. Do these decisions suggest that the conservatism of the Japanese judiciary has been overstated – or are they signs of change? Continue reading >>
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24 June 2022
Courts and Cannabis Sativa for Medical Purposes in Brazil
The Brazilian Superior Court of Justice – not the Federal Supreme Court – had recently decided that planting and transporting cannabis sativa aiming at extracting oil for medical ends shall not be treated as a crime. Contrary to the recent allegations of judicial activism made by President Jair Bolsonaro against the Brazilian judiciary, the Superior Court of Justice ruling is a good example of a decision based on the 1988 Constitution, the statutory law referred to in the case and several other authorities contributions, which all helped to construct the court’s arguments, as this post will show. Continue reading >>
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02 March 2021