US Supreme Court will generate greater controversy

Significance The decision to hold a hearing on this issue, rather than simply issue a decision, reflects a degree of concern about perceptions of the Court’s legitimacy following the transfer of the country’s currently polarised politics onto the Court through recent appointments. Impacts The conservative majority of the Supreme Court is so dominant that no liberal decisions are likely in the foreseeable future. Chief Justice Roberts will try on occasion to moderate the Court’s conservative decision-making but mostly without effect. The recent report from President Joe Biden’s commission on the Supreme Court will prove ineffectual. Upcoming cases will provoke a political backlash among voters and make Court reform a central preoccupation for some Democrats.

Cabinet controversy may hurt Nepal’s premier

Significance He distributed posts across his multi-party coalition. His appointment of party colleague Gajendra Hamal as industry minister aroused widespread controversy, with critics suggesting it was made on the recommendation of Hamal’s brother-in-law, Chief Justice Cholendra Shumsher JB Rana. Hamal resigned on October 10. Impacts Popular calls for Rana to step down will increase. Regardless of whether Rana remains in post, concern will grow over the judiciary’s influence on Nepali politics. Political instability will endure amid government infighting and clamour among opposition politicians for snap polls.

Book Review: Moseneke D All Rise: A Judicial Memoir (Pickado Africa Johannesburg 2020)

The contribution is the review published by former Deputy Chief Justice, Dikhang Moseneke, about his illustrious 15-year term in the Constitutional Court as both the judge and Deputy Chief Justice. The book uniquely provides a rare window into the dynamics of judicial decision-making at the apex court. Often, legal academics only interact with the judiciary through the judgements. Yet, Moseneke gives the reader much more to the judicial decision-making process than just the judgements. The book further traverses one of the most controversial aspects of the Constitutional Court’s jurisprudence, such as same-sex marriages, succession to chieftainship.

Giving Voice to a Portrait: The Intersection of Gender, Race, and Law in Belle

The 2013 feature film Belle presents an account of the life of Dido Elizabeth Belle (1761-1804). Belle was the daughter of Sir John Lindsay, a British naval officer, and Maria Belle, an enslaved African woman, and she was raised in the home of her great uncle Lord Mansfield during his tenure as Chief Justice of England. The record of Belle’s life is thin, and her story might have been altogether forgotten had it not been for a 1779 portrait of her in which she was painted alongside her white cousin Lady Elizabeth Murray. The film was inspired by the portrait. The paucity of available facts left the filmmakers much latitude for fictionalizing, but even so the film makes significant departures from the historical record, for example, in its representations of Belle’s eventual husband, and in its insertion of Belle into the unfolding of the Zong case, a case involving slavery that was decided by Lord Mansfield in 1783. In this paper, I consider the effectiveness and the ethical implications of the filmmakers’ use of law to give voice to this historical figure.

Zambia’s Patriotic Front faces major election test

Significance The country’s economy has been in decline for some time, and the government is increasingly plagued by corruption scandals. Impacts A contested election will likely further undermine the increasingly fraught relationship between Zambia and international donors. New government borrowing to fund populist policies will further complicate economic reform prospects. The replacement of recently deceased Chief Justice Irene Mambilima may become politicised given the courts’ role in resolving poll disputes.

From Mythic Saviours to #MeToo at the Indian Supreme Court

The Indian Supreme Court has long enjoyed an almost mythic reputation for progressive and creative jurisprudence, but a series of recent scandals is beginning to erode this well-settled authority. One of the most troubling of these incidents has been an allegation of sexual harassment and intimidation by a Court staffer against then sitting Chief Justice of India (CJI) Ranjan Gogoi. This article draws on media analysis and ethnographic research conducted in the immediate aftermath of the “CJI Scandal” to explore what it means for judges and judging in contemporary India. I argue that the justices’ response to the allegations are part of a broader shift in Indian judging. Far from being the product of an institution imbued with mythic qualities, judging in India is increasingly coming to represent an example of mythos, or “an assertive discourse of power and authority … something to be believed and obeyed.”