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5 publications
brief · May 2026
Consent and digital identity
Omar Faraj
Consent does difficult work in modern data law: it is asked to legitimate uses of personal data that are neither knowingly authorised in any meaningful sense nor practically refusable. This Brief examines the operational realities of consent in digital-identity systems and proposes procedural standards that recognise consent's limits while preserving its protective function.
Read →brief · May 2026
Judicial independence under reform pressure
Hanan Al-Mansouri
Judicial independence is not a static property of a constitutional system but a relationship that must be maintained against the pressure of ordinary politics. This Brief examines three structural features that condition that maintenance, and notes the patterns by which judicial-reform agendas have, in various jurisdictions, hollowed out independence under the language of reform.
Read →report · May 2026
Due process under emergency powers: a comparative review
Hanan Al-Mansouri، Sara Habib، Tariq Saleh
This Report compares the procedural architecture of emergency-powers regimes across eight constitutional systems, asking how each preserves — or fails to preserve — the due-process guarantees that ordinarily govern detention, judicial review, and the conduct of trials. Drawing on the comparative method developed in the Institute's Strategic Unit, the Report identifies five procedural features that distinguish bounded emergency regimes from those that drift toward executive consolidation, and offers a structured framework for assessing legislative proposals in this area.
Read →report · May 2026
Surveillance, privacy, and the rule of law
Omar Faraj
This Report examines how surveillance authorisations are reviewed in practice across five jurisdictions, focusing on the procedural standards that govern judicial or quasi-judicial approval. The Report finds that the formal availability of prior judicial authorisation correlates weakly with the substantive rigour of review, and identifies the institutional conditions under which procedural review functions as a meaningful constraint rather than as a rubber stamp.
Read →report · May 2026
Administrative detention and the limits of executive power
Lina Karam، Tariq Saleh
Administrative detention occupies an ambiguous space between criminal procedure and pure executive action. This Report examines the procedural standards that should govern administrative-detention regimes and the operation of judicial supervision in practice across six jurisdictions, with particular attention to the gap between formal review rights and the practical accessibility of those rights for detained persons.
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