Constitutions are the legal bedrock of many countries, but they're also political, and are produced within a specific socio-historical context, much like any text. As much as Constitutions are there to protect citizens, they can also exclude certain groups of people. And when a Constitution doesn't work for all, how do we best address this? To what extent can we reinterpret a Constitution so it's more inclusive? And when do we need to start again, from scratch? In this episode, Gautam Bhatia and Joel Modiri discuss these questions in the context of India and South Africa.

Transcript available: http://ohrh.law.ox.ac.uk/media/the-transformative-possibilities-of-a-constitution-with-joel-modiri-and-gautam-bhatia/

Interview with: Gautam Bhatia and Dr Joel Modiri
Recorded by: Nomfundo Ramalekana
Produced and edited by: Christy Callaway-Gale
Executive producer: Kira Allmann
Shownotes: Sarah Dobbie
Music: Rosemary Allmann

The Transformative Possibilities of a Constitution (with Joel Modiri and Gautam Bhatia)

The Oxford Human Rights Hub (OxHRH) aims to bring together academics, practitioners, and policy-makers from across the globe to advance the understanding and protection of human rights and equality. Through the vigorous exchange of ideas and resources, we strive to facilitate a better understanding of human rights principles, to develop new approaches to policy, and to influence the development of human rights law and practice.

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In this episode, we are exploring some of the key themes in Professor Sandra Fredman’s monograph, Discrimination Law – the new, third edition of which was published by Oxford University Press in December 2022. Sandra Fredman FBA KC is Professor of the Laws of the British Commonwealth and the USA at Oxford University, a fellow of Pembroke College Oxford, and Director of the Oxford Human Rights Hub. She is joined in conversation by Rosalie Abella, formerly a Justice of the Supreme Court of Canada; Jayna Kothari, a Senior Advocate in the Supreme Court of India; and Helen Mountfield KC, a barrister practising at Matrix Chambers in the UK and Principal of Mansfield College Oxford.

Discrimination Law - Part 3

Discrimination Law - Part 2

Discrimination Law - Part 1

In October 2023, a historic decision was made by the Indian Supreme Court that held that there was no fundamental right to marry, denying the legal recognition for same-sex marriage in India under the Special Marriage Act. Frances Hand sat down with Devina Malaviya, to discuss the intricacies of this case Supriyo v. Union of India. Devina Malaviya is an Assistant Professor of Legal Practice and Assistant Dean in Clinical Legal Education at O.P.Jindal Global University. Devina's interests lie in the area of family law, constitutional law and criminal law. After graduating from National Law University in Delhi in2016, she worked as a law clerk, cum research assistant with Justice Kurian Joseph at the Supreme Court of India.

A Historic Moment: Indian Supreme Court Same-Sex Marriage Decision

Vox pops on key human rights issues with human rights experts. Transcript available on the Oxford Human Rights Hub website (ohrh.law.ox.ac.uk/).

The Transformative Possibilities of a Constitution (with Joel Modiri and Gautam Bhatia)

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