Cases
This category presents landmark cases that have defined legal principles across multiple fields of law. Each case entry includes the facts, holding, reasoning, and significance of the decision. The cases span all major jurisdictions and illustrate how courts interpret statutes, apply constitutional principles, and develop the common law.
1971 Freedom of Association Decision: Birth of French Constitutional Review
The Freedom of Association decision (Décision Liberté d’association, no. 71-44 DC), rendered by the Constitutional Council on 16 July 1971, is the single most important decision in French …
1971 Freedom of Association Decision: Constitutional Principles
The 1971 Freedom of Association decision (Décision Liberté d’association, no. 71-44 DC), rendered by the Constitutional Council on 16 July 1971, is one of the most important decisions in French …
2004 Presidential Impeachment of Roh Moo-hyun
Introduction The 2004 impeachment of President Roh Moo-hyun (노무현) was the first presidential impeachment in South Korean history. The National Assembly voted to impeach President Roh on March 12, …
2016 Presidential Impeachment of Park Geun-hye
Introduction The 2016–2017 impeachment of President Park Geun-hye (박근혜) was a watershed moment in South Korean constitutional history. Following massive candlelight demonstrations calling for her …
2024 Local Government Autonomy Case — Financial Autonomy for LGAs
Introduction The Supreme Court of Nigeria’s 2024 judgment on local government autonomy represents a landmark decision in Nigerian federalism and constitutional law. The case addressed the长期 …
A v Secretary of State for the Home Department [2004] UKHL 56
Introduction A v Secretary of State for the Home Department [2004] UKHL 56 (the Belmarsh case) is one of the most important human rights cases in UK constitutional law. The House of Lords held that …
A-G Abia v A-G Federation (2002) — Offshore Resource Control
Introduction Attorney General of Abia State v Attorney General of the Federation (2002) 6 NWLR (Pt 764) 542 is a landmark constitutional case concerning the ownership and control of offshore petroleum …
A-G Lagos State v A-G Federation (2008) — Fiscal Federalism and VAT
Introduction Attorney General of Lagos State v Attorney General of the Federation (2008) 18 NWLR (Pt 1121) 1 is a landmark constitutional case addressing fiscal federalism in Nigeria, specifically the …
Acción de Inconstitucionalidad 29/2010: Abortion Rights in Mexico City
Introduction Acción de Inconstitucionalidad 29/2010 was a landmark constitutional challenge brought by the National Human Rights Commission (CNDH) and other plaintiffs against amendments to the …
ADI 4277 — Same-Sex Marriage
Introduction ADI 4.277 (Ação Direta de Inconstitucionalidade 4.277), decided jointly with ADPF 132 on May 5, 2011, is the landmark decision in which the Supreme Federal Court (STF) recognized same-sex …
ADPF 130 — Press Law Unconstitutionality
Introduction ADPF 130 (Arguição de Descumprimento de Preceito Fundamental 130), decided by the Supreme Federal Court (STF) on April 30, 2009, is one of the most important decisions on freedom of …
ADPF 54 — Abortion of Anencephalic Fetuses
Introduction ADPF 54 (Arguição de Descumprimento de Preceito Fundamental 54) is a landmark decision of the Supreme Federal Court (STF) that decriminalized the termination of pregnancy in cases of …
Affaire du Sang Contaminé: State Responsibility and Public Health Scandal
The Contaminated Blood Affair (Affaire du Sang Contaminé) is one of the most serious public health scandals in modern French history. Between 1984 and 1985, the state-run blood transfusion service …
Amparo en Revisión 165/2021: Same-Sex Marriage Rights
Introduction Amparo en Revisión 165/2021 is a landmark judgment of the First Chamber of the Supreme Court of Justice of the Nation (SCJN) that confirmed the right to same-sex marriage across all …
Anisminic v Foreign Compensation Commission [1969] 2 AC 147
Introduction Anisminic Ltd v Foreign Compensation Commission [1969] 2 AC 147 is a landmark case in UK administrative law concerning jurisdictional error and ouster clauses. The House of Lords held …
Arrêt Arrighi (1936): Theory of Loi-Écran
The Arrêt Arrighi, decided by the Conseil d’État on 6 November 1936, is the foundational decision on the théorie de la loi-écran (statute-screen theory). The case established that administrative …
Arrêt Benjamin (1933): Freedom of Assembly and Police Powers
The Arrêt Benjamin, decided by the Conseil d’État on 19 May 1933, is a landmark decision on the limits of police powers in relation to freedom of assembly. The case established that police …
Arrêt Blanco (1873): Birth of French Administrative Law
The Arrêt Blanco, rendered by the Tribunal des Conflits on 8 February 1873, is the foundational decision of French administrative law. It established that the liability of the state for harm caused by …
Arrêt Blanco (1873): Foundational Administrative Law Case
The Arrêt Blanco, decided by the Tribunal des Conflits on 8 February 1873, is the foundational case of French administrative law. It established the autonomy of administrative law (droit …
Arrêt Cadot (1889): End of Minister-Judge Doctrine
The Arrêt Cadot, decided by the Conseil d’État on 13 December 1889, is a landmark decision that ended the théorie du ministre-juge (minister-judge doctrine) and established the Conseil …
Arrêt Dame Lamotte (1950): Recours pour Excès de Pouvoir as General Principle
The Arrêt Dame Lamotte, decided by the Conseil d’État on 17 February 1950, is a landmark decision establishing the recours pour excès de pouvoir (action for abuse of power) as a principe général …
Arrêt Dame veuve Kazi (1951): Revisability of Administrative Acts
The Arrêt Dame veuve Kazi, decided by the Conseil d’État on 19 October 1951, is a landmark decision on the revisability of administrative acts and the independent liability of public works …
Arrêt Dehaene (1950): Right to Strike in Public Services
The Arrêt Dehaene, decided by the Conseil d’État on 7 July 1950, is a landmark decision establishing the right to strike in the French public service as a principle of constitutional value. The …
Arrêt Nicolo (1989): Supremacy of EU Law
The Arrêt Nicolo, decided by the Conseil d’État on 20 October 1989, is a landmark decision in which the highest French administrative court accepted the supremacy of EU law over subsequent …
Arrêt Société Les Films Lutétia (1959): Théorie de l'Imprévision
The Arrêt Société Les Films Lutétia, decided by the Conseil d’État on 9 December 1959, is a landmark decision on the théorie de l’imprévision (theory of unforeseeability) in administrative …
Bhe v Magistrate Khayelitsha (Customary Law Succession)
Introduction Bhe v Magistrate Khayelitsha 2005 (1) SA 580 (CC) is a landmark judgment on the relationship between customary law and the Constitution, particularly the right to gender equality. The …
Bosman (1995): Free Movement of Workers and the Transformation of European Sport
Union Royale Belge des Sociétés de Football Association ASBL v Jean-Marc Bosman (Case C-415/93), known as the Bosman ruling, is a landmark judgment delivered by the CJEU on 15 December 1995. The case …
Bostock v. Clayton County (2020)
Overview Bostock v. Clayton County, 590 U.S. 644 (2020), is a landmark civil rights decision in which the Supreme Court held that Title VII of the Civil Rights Act of 1964 prohibits employment …
Brasserie du Pêcheur and Factortame III (1996): State Liability Conditions Refined
Brasserie du Pêcheur SA v Germany and R v Secretary of State for Transport, ex parte Factortame Ltd (Cases C-46/93 and C-48/93), known as Brasserie du Pêcheur / Factortame III, is a landmark judgment …
Brown v. Board of Education (1954)
Overview Brown v. Board of Education of Topeka, 347 U.S. 483 (1954), is a landmark Supreme Court decision that declared racial segregation in public schools unconstitutional. The unanimous ruling …
Campo Algodonero v. Mexico: Femicide and Due Diligence
Introduction The Case of González and Others (“Campo Algodonero”) v. Mexico (2009) is a landmark judgment of the Inter-American Court of Human Rights addressing state responsibility for …
Canada (AG) v. Bedford [2013] — Prostitution Law
Introduction Canada (Attorney General) v. Bedford, [2013] 3 SCR 1101, is a landmark constitutional decision in which the Supreme Court of Canada struck down three Criminal Code provisions regulating …
Canada (AG) v. Downtown Eastside Sex Workers United Against Violence Society [2012] — Public Interest Standing
Introduction Canada (Attorney General) v. Downtown Eastside Sex Workers United Against Violence Society, [2012] 2 SCR 524, is the Supreme Court of Canada’s leading modern decision on public …
Canada (Minister of Citizenship and Immigration) v. Vavilov [2019] — Administrative Law
Introduction Canada (Minister of Citizenship and Immigration) v. Vavilov, [2019] 4 SCR 653, is the Supreme Court of Canada’s most significant administrative law decision since Dunsmuir v. New …
Carter v. Canada (AG) [2015] — Medical Assistance in Dying
Introduction Carter v. Canada (Attorney General), [2015] 1 SCR 331, is a landmark constitutional decision in which the Supreme Court of Canada struck down the Criminal Code prohibition on medical …
Caso Radilla Pacheco: Forced Disappearance and Inter-American Court Compliance
Introduction Caso Radilla Pacheco is the most significant Inter-American Court of Human Rights case against Mexico, with profound implications for military jurisdiction, enforced disappearance, and …
Cassis de Dijon (1979): Mutual Recognition and the Free Movement of Goods
Rewe-Zentrale AG v Bundesmonopolverwaltung für Branntwein (Case 120/78), commonly known as Cassis de Dijon, is a landmark judgment of the European Court of Justice delivered on 20 February 1979. The …
Citizens United v. FEC (2010)
Overview Citizens United v. Federal Election Commission, 558 U.S. 310 (2010), is a landmark Supreme Court decision that held that the First Amendment prohibits the government from restricting …
Comfort Women Agreement Constitutionality
Introduction The “comfort women” (위안부) issue — involving the forced sexual slavery of Korean women by the Imperial Japanese Army during World War II — has generated significant …
Commonwealth v Tasmania (1983) — The Tasmanian Dam Case
Introduction Commonwealth v Tasmania (1983) 158 CLR 1 — the Tasmanian Dam Case — is one of the most significant decisions in Australian constitutional law. The High Court upheld the …
Conscientious Objection and Alternative Service (2018)
Introduction The Constitutional Court’s 2018 conscientious objection decision (2011Hun-Ba379) marked a transformative moment in South Korean constitutional law. The Court, reversing its 2004 …
Conseil National des Barreaux (2007): EU Directives and Lawyer Independence
The Conseil National des Barreaux decision, issued by the Conseil d’État on 10 April 2007, addressed the transposition of EU anti-money laundering directives into French law and their …
Constitutional Amendments on Presidential Term Limits
The Russian constitutional amendments on presidential term limits represent the most significant changes to the 1993 Constitution since its adoption. The amendments, approved by referendum in July …
Costa v ENEL (1964): The Supremacy of EU Law
Costa v ENEL (Case 6/64) is the landmark judgment in which the European Court of Justice established the doctrine of supremacy of EU law over conflicting national law. Decided on 15 July 1964, one …
Dansk Rørindustri v Commission (2005): Competition Law Fines, Legal Certainty, and Non-Retroactivity
Dansk Rørindustri A/S and Others v Commission of the European Communities (Cases C-189/02 P, C-202/02 P, C-205/02 P to C-208/02 P, and C-213/02 P) is a landmark judgment of the Court of Justice of the …
Defrenne v SABENA (1976): Equal Pay and Horizontal Direct Effect
Defrenne v Société Anonyme Belge de Navigation Aérienne (SABENA) (Case 43/75), known as Defrenne No. 2, is a landmark judgment of the European Court of Justice delivered on 8 April 1976. The case …
Dobbs v. Jackson Women's Health Organization (2022)
Overview Dobbs v. Jackson Women’s Health Organization, 597 U.S. 215 (2022), is a landmark decision in which the Supreme Court overruled Roe v. Wade (1973) and Planned Parenthood v. Casey (1992), …
Donoghue v Stevenson [1932]: The Neighbour Principle
Donoghue v Stevenson [1932] AC 562 is the most famous case in English tort law. It established the modern law of negligence and introduced the neighbour principle as the foundation of a general duty …
Early Landmark Cases of the Russian Constitutional Court (1992–1995)
The Russian Constitutional Court, established in 1991 as part of the judicial reforms of the perestroika period, played a crucial role in Russia’s transition from Soviet to post-Soviet …
Economic Freedom Fighters v Speaker (Impeachment)
Introduction Economic Freedom Fighters v Speaker of the National Assembly 2016 (3) SA 580 (CC) is a landmark judgment on the powers of the Public Protector, the constitutional obligation of …
Electoral and Political Party Jurisprudence of the Russian Constitutional Court
The Russian Constitutional Court has developed a significant body of jurisprudence on electoral law and political party regulation, reflecting the evolving balance between constitutional rights of …
Energy Reform 2013–2014: Constitutional Challenges and SCJN Review
Introduction The 2013–2014 energy reform, proposed by President Enrique Peña Nieto and approved by Congress, represented the most significant transformation of Mexico’s energy sector since the …
Entick v Carrington [1765]: Landmark on Government Power
Entick v Carrington (1765) 19 St Tr 1029 is a foundational case on the limits of executive power. It established the principle that state officials must point to positive legal authority for their …
Evans v Information Commissioner [2012] UKUT 313 (AAC)
Introduction Evans v Information Commissioner [2012] UKUT 313 (AAC) (also known as the Chilcot correspondence case) is a landmark freedom of information case concerning the disclosure of Cabinet …
Factortame (1990/1996): Supremacy, Interim Relief, and State Liability
The Factortame litigation comprises a series of landmark judgments arising from the challenge by Spanish fishermen to the United Kingdom’s Merchant Shipping Act 1988. The case produced two of …
Factortame (No 2): EU Law Supremacy and Parliamentary Sovereignty
Factortame Ltd v Secretary of State for Transport (No 2) [1991] 1 AC 603 is a landmark constitutional case in which the House of Lords held that UK courts had the power to disapply an Act of …
Foster v British Gas (1990): The Definition of the State for Horizontal Direct Effect
Foster v British Gas plc (Case C-188/89) is a landmark judgment of the European Court of Justice delivered on 12 July 1990. The case addressed the scope of the vertical direct effect of directives: …
Francovich v Italy (1991): State Liability for Breach of EU Law
Francovich v Italian Republic (Cases C-6/90 and C-9/90) is a landmark judgment of the European Court of Justice delivered on 19 November 1991. The case established the principle of state liability for …
German Constitutional Court and the European Arrest Warrant
The German Federal Constitutional Court’s decisions on the European Arrest Warrant (EAW) represent a significant application of fundamental rights review to European criminal justice …
Ghaidan v Godin-Mendoza [2004] UKHL 30
Introduction Ghaidan v Godin-Mendoza [2004] UKHL 30 is a landmark case on the interpretation of legislation under section 3 of the Human Rights Act 1998. The House of Lords held that the Rent Act 1977 …
Gideon v. Wainwright (1963)
Overview Gideon v. Wainwright, 372 U.S. 335 (1963), is a landmark Supreme Court decision that guaranteed the right to counsel for indigent criminal defendants in state felony cases under the Sixth and …
Google Spain (2014): The Right to Be Forgotten and Data Protection
Google Spain SL v Agencia Española de Protección de Datos (AEPD) (Case C-131/12), commonly known as Google Spain or the Right to Be Forgotten case, is a landmark judgment of the Court of Justice of …
Government of the RSA v Grootboom (Housing Rights)
Introduction Government of the Republic of South Africa v Grootboom 2001 (1) SA 46 (CC) is a landmark judgment on socio-economic rights under the South African Constitution. The case established the …
Griswold v. Connecticut (1965)
Overview Griswold v. Connecticut, 381 U.S. 479 (1965), is a landmark constitutional decision that established the constitutional right to privacy. The Supreme Court struck down a Connecticut law that …
HC 124306 — Unconstitutionality of Automatic Pre-Trial Detention
Introduction HC 124.306 (Habeas Corpus 124.306) is a landmark decision of the Supreme Federal Court (STF) regarding the scope of the presumption of innocence (presunção de inocência) and the …
HC 143641 — House Arrest for Pregnant Women
Introduction HC 143.641 (Habeas Corpus 143.641) is a landmark decision of the Supreme Federal Court (STF) recognizing the right of pregnant women and mothers of young children to house arrest (prisão …
INEC v Musa (2003) — Electoral Process and Party Nomination
Introduction Independent National Electoral Commission v Musa (2003) 3 NWLR (Pt 806) 72 is a leading Nigerian case on the relationship between the Independent National Electoral Commission (INEC) and …
Internationale Handelsgesellschaft (1970): Fundamental Rights in EU Law
Internationale Handelsgesellschaft mbH v Einfuhr- und Vorratsstelle für Getreide und Futtermittel (Case 11/70) is a seminal judgment of the European Court of Justice that established fundamental …
Investigative Secrecy (BVerfGE 57, 250): Parliamentary Committees
The Investigative Secrecy Decision (BVerfGE 57, 250, 17 March 1981) is a landmark judgment of the Federal Constitutional Court on the rights of witnesses before parliamentary investigative committees …
Kadi (2008): Fundamental Rights, UN Sanctions, and EU Legal Autonomy
Kadi and Al Barakaat International Foundation v Council of the European Union and Commission of the European Communities (Cases C-402/05 P and C-415/05 P), known as Kadi I, is a landmark judgment of …
Kalu v State (2013) — Plea Bargaining and EFCC Jurisdiction
Introduction Kalu v State (2013) 2 NWLR (Pt 1338) 320 is a landmark Nigerian criminal law case that addressed the validity and effect of plea bargaining in criminal proceedings, the jurisdiction of …
Key Economic Law Cases in Russia: Yukos, Sibneft, and Commercial Disputes
Russian economic law has been shaped by a series of landmark commercial disputes, tax reassessment cases, shareholder conflicts, and international arbitration awards. These cases illuminate the …
Key French Constitutional Council Decisions
The Constitutional Council’s Landmark Jurisprudence The Conseil constitutionnel (Constitutional Council) has, since its establishment under the Constitution of 1958, developed a rich body of …
Key Russian Constitutional Court Decisions: The Chechen Case, Communist Party Case, and Others
The Russian Constitutional Court has decided a series of landmark cases that defined the contours of Russian constitutionalism. Beyond the foundational cases of the early 1990s, the Court addressed …
Khosa v Minister of Social Development (Social Grants)
Introduction Khosa v Minister of Social Development 2004 (6) SA 505 (CC) is a landmark judgment on the right of permanent residents to access social grants. The case addressed the intersection of the …
Konovalov v Russia: Fair Trial Rights Under Article 6 ECHR
Konovalov v Russia (Application No. 37934/08) was a landmark judgment of the European Court of Human Rights delivered on 2 October 2014, concerning violations of the right to a fair trial under …
Lakanmi v A-G (West) (1970) — Judicial Independence and Ouster Clauses
Introduction Lakanmi v Attorney General (West) (1970) 1 All NLR 57 is one of the most important decisions in Nigerian legal history, establishing the fundamental principle that the courts retain …
Landmark Civil Cases in China
Chinese civil litigation has produced several landmark cases that shaped the development of private law, judicial reasoning, and the relationship between courts and commerce. This article examines …
Landmark Commercial Cases in China
China’s commercial law landscape has been shaped by landmark disputes that tested the boundaries of contract enforcement, competition law, and emerging data rights. These cases reflect the …
Love v Commonwealth; Thoms v Commonwealth (2020) — Aboriginal Australians and the Citizenship Power
Introduction Love v Commonwealth; Thoms v Commonwealth (2020) 270 CLR 152 is a landmark decision of the High Court of Australia concerning the constitutional status of Aboriginal Australians. The …
Lüth Case (1958): Indirect Effect of Fundamental Rights
The Lüth case (BVerfGE 7, 198) is the most significant decision of the Federal Constitutional Court on the effect of fundamental rights in private law. Decided on 15 January 1958, it established that …
Mabo v Queensland (No 2) (1992) — Native Title
Introduction Mabo v Queensland (No 2) (1992) 175 CLR 1 is the most significant decision in Australian legal history. The High Court of Australia rejected the doctrine of terra nullius and recognised …
Mangold (2005): General Principles and Horizontal Direct Effect
Mangold v Helm (Case C-144/04) is a landmark judgment of the European Court of Justice that established that the general principle of non-discrimination on grounds of age has horizontal direct effect …
Marbury v. Madison (1803)
Overview Marbury v. Madison, 5 U.S. 137 (1803), is the foundational case in American constitutional law. It established the principle of judicial review — the power of the federal courts to declare …
Marleasing (1990): The Interpretative Obligation and Indirect Effect
Marleasing SA v La Comercial Internacional de Alimentación SA (Case C-106/89) is a landmark judgment of the European Court of Justice delivered on 13 November 1990. The case established the …
McCulloch v. Maryland (1819)
Overview McCulloch v. Maryland, 17 U.S. 316 (1819), is a landmark Supreme Court decision that established two foundational principles of American constitutional law: Congress possesses implied powers …
Meroni v High Authority (1958): The Delegation of Powers Doctrine
Meroni v High Authority of the European Coal and Steel Community (Case 9/56) is a foundational judgment of the European Court of Justice delivered on 13 June 1958. The case established the Meroni …
Military Service Act Alternative Service (2018)
Introduction The Constitutional Court’s 2018 decision on alternative military service (2011Hun-Ba379) fundamentally restructured South Korea’s military conscription system. The Court held …
Minister of Health v Treatment Action Campaign (HIV Medication)
Introduction Minister of Health v Treatment Action Campaign 2002 (5) SA 721 (CC) is a landmark judgment on the right of access to healthcare services under section 27 of the Constitution. The case …
Minister of Home Affairs v Fourie (Same-Sex Marriage)
Introduction Minister of Home Affairs v Fourie 2006 (1) SA 524 (CC) is a landmark judgment on the right to equality and the recognition of same-sex marriage in South Africa. The Constitutional Court …
Miranda v. Arizona (1966)
Overview Miranda v. Arizona, 384 U.S. 436 (1966), is a landmark Supreme Court decision requiring law enforcement to inform criminal suspects of their constitutional rights before custodial …
Momcilovic v The Queen (2011) — Human Rights and the Victorian Charter
Introduction Momcilovic v The Queen (2011) 245 CLR 1 is the leading High Court authority on the operation of the Charter of Human Rights and Responsibilities Act 2006 (Vic) — Australia’s most …
MS 26603 — Impeachment of Dilma Rousseff and Separation of Powers
Introduction MS 26.603 (Mandado de Segurança 26.603) is a pivotal decision of the Supreme Federal Court (STF) concerning the impeachment process of President Dilma Rousseff in 2016. The case addressed …
Navalny v Russia: Criminal Prosecution, ECHR Applications, and the Rule of Law
The legal cases surrounding Alexei Navalny, the Russian opposition politician and anti-corruption activist, represent one of the most significant bodies of jurisprudence concerning Russian criminal …
New South Wales v Commonwealth (2006) — The WorkChoices Case
Introduction New South Wales v Commonwealth (2006) 229 CLR 1 — the WorkChoices Case — is the High Court’s landmark decision on the scope of the corporations power (s 51(xx) of the Constitution). …
New York State Rifle & Pistol Association v. Bruen (2022)
Overview New York State Rifle & Pistol Association v. Bruen, 597 U.S. 1 (2022), is a landmark Second Amendment decision in which the Supreme Court held that the Second Amendment protects an …
New York Times Co. v. Sullivan (1964)
Overview New York Times Co. v. Sullivan, 376 U.S. 254 (1964), is a landmark First Amendment decision that established the actual malice standard for defamation actions brought by public officials. The …
Occupiers of 51 Olivia Road v City of Johannesburg (Evictions)
Introduction Occupiers of 51 Olivia Road, Berea Township and 197 Main Street, Johannesburg v City of Johannesburg 2008 (3) SA 208 (CC) is a landmark judgment on the right to housing and the prevention …
Omega Spielhallen (2004): Human Dignity as a Fundamental Right and Public Policy Derogation
Omega Spielhallen und Automatenaufstellungs-GmbH v Oberbürgermeisterin der Bundesstadt Bonn (Case C-36/02) is a landmark judgment of the European Court of Justice delivered on 14 October 2004. The …
Overview of Influential Cases in Chinese Legal Development
Chinese legal development has been shaped by landmark cases that illustrate the evolution of judicial reasoning, the application of law, and the relationship between law and social change. This …
Pape v Commissioner of Taxation (2009) — The Tax Bonus Case
Introduction Pape v Commissioner of Taxation (2009) 238 CLR 1 — the Tax Bonus Case — is the High Court’s leading decision on the Commonwealth’s spending power and the constitutional limits …
Pepper v Hart [1993]: Parliamentary Materials in Statutory Interpretation
Pepper v Hart [1993] AC 593 is a landmark case on statutory interpretation in which the House of Lords relaxed the prohibition on referring to parliamentary materials as an aid to construction. The …
Presidential Re-Election Prohibition: Constitutional and Electoral Jurisprudence
Introduction The prohibition on presidential re-election is a defining feature of Mexico’s constitutional order, rooted in the revolutionary struggle against the dictatorship of Porfirio Díaz. …
Prosecutorial Investigation Rights Reform (2019–2020)
Introduction The 2019–2020 prosecutorial investigation rights litigation was a defining legal and political battle in South Korea, centering on the prosecution’s traditional power to direct …
Pupino (2005): Consistent Interpretation and Framework Decisions
Criminal Proceedings against Giuseppe Francesco Casati and Others, joined cases C-105/03 — known broadly as Pupino (Case C-105/03) — is a landmark judgment of the European Court of Justice delivered …
Qi Yaling v. Chen Xiaoqi (2001): The Right to Education and Constitutional Litigation
Qi Yuling (commonly romanized as Qi Yuling) v. Chen Xiaoqi (2001) is the most significant case in Chinese constitutional jurisprudence. It represents the first and only instance in which the Supreme …
Qi Yuling v. Chen Xiaoqi (2001): Constitutional Rights in Private Disputes
Qi Yuling v. Chen Xiaoqi (2001) is a landmark case in Chinese constitutional law. It was the first decision in which the Supreme People’s Court directly applied a constitutional provision to …
R (Miller) v Secretary of State for Exiting the EU [2017] UKSC 5
Introduction R (Miller) v Secretary of State for Exiting the European Union [2017] UKSC 5 is a landmark constitutional case concerning the use of the royal prerogative to trigger Article 50 of the …
R (Miller) v The Prime Minister [2019] UKSC 41
Introduction R (Miller) v The Prime Minister [2019] UKSC 41 (also known as Cherry v Advocate General for Scotland) is a historic constitutional case concerning the prorogation of Parliament. In an …
R v Jogee [2016] UKSC 8
Introduction R v Jogee [2016] UKSC 8 is a landmark case in criminal law that fundamentally reformed the law of joint enterprise (also known as parasitic accessory liability). The Supreme Court held …
R v. Keegstra [1990] — Hate Speech and Freedom of Expression
Introduction R v. Keegstra, [1990] 3 SCR 697, is the Supreme Court of Canada’s leading decision on the constitutionality of hate speech laws. The case upheld section 319(2) of the Criminal Code, …
R v. Morgentaler [1988] — Abortion and the Charter
Introduction R v. Morgentaler, [1988] 1 SCR 30, is one of the most significant decisions in Canadian constitutional history. The Supreme Court of Canada struck down section 251 of the Criminal Code, …
R v. Oakes [1986] — Canada's Landmark Proportionality Case
Introduction R v. Oakes, [1986] 1 SCR 103, is the foundational decision of the Supreme Court of Canada on the interpretation of section 1 of the Canadian Charter of Rights and Freedoms. The case …
RE 574962 — ICMS Exclusion from PIS/COFINS Base
Introduction RE 574.962 (Recurso Extraordinário 574.962), with General Repercussion Theme 190, is one of the most significant tax law decisions of the Supreme Federal Court (STF). Decided in 2017, the …
RE 878694 — Unconstitutionality of Paternity Denial
Introduction RE 878.694 (Recurso Extraordinário 878.694), with General Repercussion Theme 649, is a landmark decision of the Supreme Federal Court (STF) regarding the constitutional prohibition of …
Roe v. Wade (1973)
Overview Roe v. Wade, 410 U.S. 113 (1973), is a landmark Supreme Court decision that recognized a constitutional right to abortion under the Fourteenth Amendment’s Due Process Clause. The …
Rosendo Radilla v. Mexico: Inter-American Court and Military Jurisdiction
Introduction Rosendo Radilla v. Mexico (2009) was a landmark judgment of the Inter-American Court of Human Rights that addressed Mexico’s international responsibility for the forced …
S v Makwanyane (Death Penalty Case)
Introduction S v Makwanyane 1995 (3) SA 391 (CC) is the first and one of the most important judgments of the Constitutional Court of South Africa. Delivered on 6 June 1995, the case declared the death …
Salomon v Salomon [1897]: Separate Legal Personality
Salomon v A Salomon & Co Ltd [1897] AC 22 is the foundational case of English company law. It established the principle of separate legal personality: a company is a legal entity distinct from its …
Same-Sex Partnership Rights Litigation
Introduction Same-sex partnership rights in South Korea have been advanced primarily through litigation before the Constitutional Court and Supreme Court. While the Constitution does not explicitly …
Schmidberger (2003): Free Movement of Goods v Fundamental Rights
Schmidberger v Austria (Case C-112/00) is a landmark judgment of the European Court of Justice delivered on 12 June 2003. The case addressed the balance between the free movement of goods and the …
Sewol Ferry Disaster Litigation
Introduction The Sewol Ferry disaster (세월호 침몰사고) of April 16, 2014, in which 304 passengers — primarily high school students from Danwon High School — lost their lives, generated one of the most …
Shelby County v. Holder (2013)
Overview Shelby County v. Holder, 570 U.S. 529 (2013), is a landmark voting rights decision in which the Supreme Court struck down the coverage formula of Section 4 of the Voting Rights Act of 1965, …
Sodipo v Alhaji — Customary Arbitration and Enforcement
Introduction The case of Sodipo v Alhaji is a foundational authority on the legal status and enforcement of customary arbitration awards in Nigeria. The decision established the criteria under which a …
Solange I and II: EU Law and German Constitutional Identity
The Solange decisions of the German Federal Constitutional Court are among the most important constitutional judgments in European Union law. Solange I (1974) and Solange II (1986) established the …
South Dakota v. Wayfair (2018)
Overview South Dakota v. Wayfair, Inc., 585 U.S. 162 (2018), is a landmark Supreme Court decision that overruled the physical presence rule for state sales tax collection. The Court held that states …
State v Dosunmu (2021) — Money Laundering and EFCC Powers
Introduction State v Dosunmu (2021) is a significant criminal law case concerning money laundering, the powers of the Economic and Financial Crimes Commission (EFCC), and the criminal liability of …
Supreme People's Court Guiding Cases (Zhidaoxing Anli)
The Supreme People’s Court Guiding Cases system (zhidaoxing anli, 指导性案例) represents China’s most significant experiment with case law methodology within a civil law tradition. Established …
TEPJF Landmark Decisions: Electoral Justice in Mexico
Introduction The Federal Electoral Tribunal (Tribunal Electoral del Poder Judicial de la Federación, TEPJF) is the highest electoral jurisdiction in Mexico, established as a specialized court within …
The 1993 Constitutional Court Case on the Treaty of Union
The 1993 Constitutional Court case on the Treaty of Union was a landmark decision addressing the constitutional foundations of Russian statehood during the collapse of the Soviet Union. It involved …
The Alimony Principle (BVerfGE 87, 1): Gender Equality and Family Law
The Alimony Principle Decision (BVerfGE 87, 1, 5 February 1992) is a landmark judgment of the Federal Constitutional Court on the constitutionality of post-marital alimony rules in German family law. …
The Aviation Security Act Decision (BVerfGE 115, 118): Human Dignity and Life
The Aviation Security Act Decision (BVerfGE 115, 118, 15 February 2006) is one of the most significant judgments of the Federal Constitutional Court on the absolute protection of human dignity. The …
The Bengbu Intermediate People's Court Procedural Reform (2003-2004)
The Bengbu Intermediate People’s Court procedural reform experiment (2003–2004) represents one of the most ambitious efforts at judicial innovation within the Chinese criminal justice system. …
The Brokdorf Decision (BVerfGE 69, 315): Freedom of Assembly
The Brokdorf Decision (BVerfGE 69, 315, 14 May 1985) is the leading judgment of the Federal Constitutional Court on freedom of assembly (Versammlungsfreiheit) under Article 8 of the Grundgesetz. The …
The Cannabis Decision (BVerfGE 90, 145): Proportionality and Criminalisation
The Cannabis Decision (BVerfGE 90, 145, 9 March 1994) is a significant judgment of the Federal Constitutional Court on the proportionality of criminal penalties for the possession and use of cannabis. …
The Elfes Decision (BVerfGE 6, 32): General Freedom of Action
The Elfes Decision (BVerfGE 6, 32, 16 January 1957) is a foundational judgment of the Federal Constitutional Court that established the general freedom of action (allgemeine Handlungsfreiheit) as the …
The Engineers' Case (1920) — Constitutional Interpretation
Introduction Amalgamated Society of Engineers v Adelaide Steamship Co Ltd (1920) 28 CLR 129 — the Engineers’ Case — is the foundational Australian constitutional case on the interpretation of …
The European Arrest Warrant Before the Federal Constitutional Court
The European Arrest Warrant (EAW) decisions of the German Federal Constitutional Court represent a significant chapter in the development of constitutional limits on European criminal justice …
The First Batch of SPC Guiding Cases (2011-2012): Case Law With Chinese Characteristics
On 26 November 2011, the Supreme People’s Court issued the first batch of Guiding Cases (指导性案例, zhǐdǎo xìng ànlì), marking the formal establishment of a case reference system in Chinese law. The …
The Hateruma Election Case (1993) — Equality of Suffrage
Introduction The Hateruma Election Case (Hateruma Senkyo Soshō, Saiko Saibansho, Grand Bench, June 23, 1993) is a landmark Japanese constitutional decision on the principle of equality of suffrage …
The Itai-Itai Disease Case (1972) — Environmental Tort and Corporate Liability
Introduction The Itai-Itai Disease Case (Toyama District Court, June 30, 1971; Nagoya High Court, August 9, 1972) is one of the “Big Four” landmark pollution disease cases that transformed …
The Lisbon Treaty Decision (BVerfGE 123, 267) and Constitutional Limits on Integration
The Lisbon Treaty Decision (BVerfGE 123, 267, 30 June 2009) is the most comprehensive judgment of the Federal Constitutional Court on the constitutional limits of European integration. Delivered …
The Maastricht Decision (BVerfGE 89, 155) and Democratic Legitimacy
The Maastricht Decision (BVerfGE 89, 155, 12 October 1993) is a landmark judgment of the Federal Constitutional Court that established the constitutional framework for German participation in European …
The Mephisto Decision (BVerfGE 30, 173): Art and Personality
The Mephisto Decision (BVerfGE 30, 173, 24 February 1971) is the leading German constitutional case on the tension between artistic freedom (Kunstfreiheit) under Article 5(3) GG and the general right …
The Microcensus Decision (BVerfGE 27, 1): Informational Self-Determination
The Microcensus Decision (BVerfGE 27, 1, 16 July 1969) is a seminal judgment in which the Federal Constitutional Court recognised a constitutional protection against the unlimited collection, storage, …
The Minamata Disease Cases (1973) — Corporate Responsibility for Industrial Pollution
Introduction The Minamata Disease Cases (Kumamoto District Court, March 20, 1973; Fukuoka High Court, February 6, 1975; affirmed by the Supreme Court, December 13, 1976) represent one of the most …
The Mitsubishi Jushi Case (1973) — Horizontal Application of Constitutional Rights
Introduction The Mitsubishi Jushi Case (Mitsubishi Heavy Industries Case, Saiko Saibansho, Grand Bench, December 12, 1973) is the leading Japanese authority on the horizontal application (indirect …
The Nagayama Case (1983) — Standards for the Death Penalty in Japan
Introduction The Nagayama Case (Saiko Saibansho, Grand Bench, July 8, 1983) is the Supreme Court of Japan’s most important judgment on the standards for imposing the death penalty. The case …
The Numerus Clausus Decisions: University Admissions and Constitutional Rights
The Numerus Clausus decisions (BVerfGE 33, 303, 1972, and subsequent cases) are landmark judgments in which the Federal Constitutional Court established the constitutional framework for university …
The Open Housing Cases (1995) — Discrimination and the Right to Housing
Introduction The Open Housing Cases (Ōpun Hājingu Jiken) — a series of decisions culminating in the Osaka High Court judgment of July 11, 1995 — represent the most significant Japanese judicial …
The Peng Yu Case (2006): Tort Law, the Good Samaritan Paradox, and Chinese Civil Code Reform
The Peng Yu case (Nanjing, 2006) is one of the most socially consequential judicial decisions in modern Chinese legal history. A civil tort case involving a young man who helped an elderly woman he …
The PSPP Decision (BVerfGE 154, 17): Ultra Vires and the ECB
The PSPP Decision (BVerfGE 154, 17, 5 May 2020) is one of the most controversial and consequential judgments in the history of the Federal Constitutional Court. For the first time, the Court found …
The Saiban-in (Lay Judge) System — Fundamental Case Law
Introduction The Saiban-in Seido (Lay Judge System) is Japan’s system of citizen participation in criminal justice, introduced by the Act on Participation of Lay Judges in Criminal Trials …
The Solange Decisions: German Constitutional Identity and EU Law
The Solange decisions of the German Federal Constitutional Court (Bundesverfassungsgericht) are foundational judgments in the constitutional architecture of the European Union. Solange I (1974, …
The Sun Zhigang Case (2003): Custody and Repatriation, Public Outrage, and Legal Reform
The Sun Zhigang case is one of the most significant episodes in modern Chinese legal history. The beating death of a young university graduate in police custody in Guangzhou in 2003 triggered …
The Sunagawa Case (1959) — US-Japan Security Treaty and the Political Question Doctrine
Introduction The Sunagawa Case (Saiko Saibansho, Grand Bench, December 16, 1959) is the foundational Japanese authority on the political question doctrine and the justiciability of treaties under the …
The Yukos Oil Company Case: Tax Reassessment, Bankruptcy, and International Arbitration
The Yukos Oil Company case is the most significant commercial law case in post-Soviet Russian legal history, with profound implications for property rights protection, the rule of law, and the …
Tsilhqot'in Nation v. British Columbia [2014] — Aboriginal Title
Introduction Tsilhqot’in Nation v. British Columbia, [2014] 2 SCR 256, is a historic decision in which the Supreme Court of Canada granted the first declaration of Aboriginal title in Canadian …
Van Gend en Loos (1963): The Foundation of Direct Effect
Van Gend en Loos v Nederlandse Administratie der Belastingen (Case 26/62) is the foundational judgment of European Union law. Decided by the European Court of Justice on 5 February 1963, it …
Viking and Laval (2007): Collective Action, Posted Workers, and Economic Freedoms
The Viking and Laval judgments, delivered by the Grand Chamber of the CJEU on 11 December 2007, represent the most significant engagement by the Court with the relationship between the economic …
West Virginia v. EPA (2022)
Overview West Virginia v. EPA, 597 U.S. 697 (2022), is a landmark administrative law decision in which the Supreme Court applied the major questions doctrine to hold that the Clean Air Act did not …
Williams v Commonwealth (2012) — The School Chaplains Case
Introduction Williams v Commonwealth (2012) 248 CLR 156 — the School Chaplains Case — is the High Court’s most significant decision on the limits of the Commonwealth’s executive spending …