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Blog of the International Journal of Constitutional Law and ConstitutionMaking.org

The Italian Constitutional Challenge: An Overview of the Upcoming Referendum

Lorenza Violini, Full Professor of Constitutional Law, University of Milan, and Antonia Baraggia, Post-doctoral Fellow, University of Milan

As it is well known, Italy is in the midst of a great constitutional reform, which–if approved by the referendum that will be held on December 4th–will modify 47 Articles of the Constitution (corresponding to 33% of the whole Constitution). This reform represents the biggest and the most ambitious change of the Italian Constitution since it was approved in 1948, trying to succeed where several bicameral commissions failed: the reform of Italy’s socalled “perfect bicameralism”.

This is probably the core of the reform, together with the definition of the legislative powers of the State and the Regions, which today represents–after the failure of the “federalist turn” in 2001–one of the most controversial and conflictual chapters of the Italian system (see Morrone, 2016).

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Published on December 2, 2016
Author:          Filed under: Developments
 

Developments in Spanish Constitutional Law: The Year 2015 in Review

[Editor’s Note: This is the ninth installment in our Year-in-Review series. We welcome similar reports from scholars around the world on their own jurisdictions for publication on I-CONnect. Earlier year-in-review reports have been published on Italy, the Slovak RepublicRomaniaBelgiumSweden, the Czech RepublicLithuania and Indonesia. As we have done in the past, we extend our sincere thanks to our contributors for how much they have contributed to our learning and appreciation of public law around the world. Today we give great thanks to our contributors from Spain. –Richard Albert]

Encarnación Roca (Judge of the Spanish Constitutional Court), Camino Vidal (University of Burgos), Argelia Queralt (University of Barcelona), Enrique Guillén (University of Granada), Leonardo Álvarez (University of Oviedo)

In this Year-in-Review, we first show the distribution of cases submitted to the Spanish Constitutional Court (CC) then we illustrate the kinds of requests the CC has received in connection with fundamental rights. We next turn to a summary of a selection of the CC’s case law divided into three categories: (I) the organisation of state territory; (II) fundamental rights; and (III) sources of law.

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Published on December 1, 2016
Author:          Filed under: Developments
 

Invitation to Friends of I-CONnect: Symposium on “The War on Japan’s Pacifist Constitution”

Richard Albert, Boston College Law School

Friends of I-CONnect are invited to attend a symposium on “The War on Japan’s Pacifist Constitution,” to be held at the University of Tokyo on December 17-18, 2016.

The program will feature keynote addresses by Yoichi Higuchi (University of Tokyo/Japan Academy) and Sanford Levinson (University of Texas-Austin).

Symposium participants include Tsunemasa Arikawa (Nihon University), Wen-chen Chang (National Taiwan University), Akiko Ejima (Meiji University), Shohei Eto (Sophia University), Stephen Gardbaum (University of California-Los Angeles), Tom Ginsburg (University of Chicago), Yasuo Hasebe (Waseda University), Masaki Ina (International Christian University), Kenji Ishikawa (University of Tokyo), Norikazu Kawagishi (Waseda University), Satofumi Kawamura (University of Tokyo/Komaba), Keigo Komamura (Keio University), Tokujin Matsudaira (Kanagawa University), Koichi Nakano (Sophia University), Konatsu Nishigai (Tokyo Metropolitan University), Gregory Noble (University of Tokyo), Susumu Shimazono (Sophia University) and Mayu Terada (International Christian University) and Richard Albert (Boston College).

This program is presented by ICON-S: The International Society of Public Law, UTCP: The Center of Philosophy at the University of Tokyo, and Re:DEMOS.

For more information, please contact Professor Shohei Eto at shoheieto [at] sophia.ac.jp.

 

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Published on December 1, 2016
Author:          Filed under: Developments
 

Where do Justice Ginsburg and Justice Hale—and Judicial Independence—Go from Here?

Brian Christopher Jones, Liverpool Hope University

Both of these influential and widely respected justices have recently tested the limits of judicial speech through provocative and ill-timed statements.[1] Back in July, Justice Ginsburg exclaimed, “I can’t imagine what the country would be—with Donald Trump as our president”, then called Trump a “faker”, and even suggested that she may move to New Zealand if he won the election. Although she later apologised, her comments presented an obvious appearance of bias towards one candidate. Lady Hale, in a recent speech to Malaysian students, questioned whether Parliament may have to comprehensively replace EU legislation before the government could trigger Article 50. Although posed as a question in an impartial manner, the press jumped on the statement, which received a swift and angry reaction from Brexiteers; and indeed, others have acknowledged that the statements were controversial, and probably avoidable.

Of course significant differences between the statements from each Justice are apparent:

  • Justice Ginsburg made a blanket statement about a presidential candidate (in this case, Presidential candidate Donald Trump)
  • Baroness Hale spoke only about an impending case (Miller, which the UK Supreme Court will hear in December)

And yet, although the breadth of each statement is markedly different, both are troublesome.

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Published on November 30, 2016
Author:          Filed under: Developments
 

Call for Papers–The Separation of Powers: A Global Constitutional Dialogue–Milan, Italy

International Symposium on

The Separation of Powers
A Global Constitutional Dialogue

Inspired by Prof. Giovanni Bognetti’s book: La Separazione dei Poteri

Monday, May 22nd 2017, Sala Napoleonica
via Sant’Antonio 12, Milan, Italy

Convened by
Antonia Baraggia
Luca Pietro Vanoni
Richard Albert
Cristina Fasone

Subject-Matter of Symposium

Arguably no idea has been more central to democratic government than the separation of powers.

In his seminal book La Separazione dei Poteri (Giuffrè, 2001), Prof. Giovanni Bognetti (1930-2013), an eminent Italian scholar of comparative law and the best-known Italian expert on American constitutional law, traced the history and the evolution of this foundational idea in modern constitutionalism.

According to Prof. Bognetti, we can distinguish two models of separation of powers: the “classic” model emerged in reaction to the centralization of powers typical of absolutist states as an effort to protect in individual liberties; the “social” model reflects the new paradigm of social rights protection in modern democracies. In the latter, according to Prof. Bognetti, we perceive a kind of political and legal transformation of the classic conception of separation of powers—a transformation that becomes even more pronounced against the backdrop of globalization, multiculturalism and the rise of supranational legal orders.

In light of the deep constitutional and political changes occurring at the turn of the new century in 2001 when his book was published, Prof. Bognetti concluded his book with thoughts on what would happen to the organization of political powers and to the separation of powers in the next 20 years (p. 176).

In May 2017, nearly 20 years later, we will gather in memory of Prof. Bognetti to host an international dialogue on the transformation of, prospects for, and challenges to the separation of powers in our contemporary setting.

Invited scholars will offer a variety of perspectives on the separation of powers in legal scholarship. Drawing from country-specific and cross-national experiences with separation of powers, invited scholars will take comparative, doctrinal, historical, legal and theoretical approaches to the study of the idea of separation of powers.

Structure of Symposium

This full-day Symposium on Monday, May 22nd, 2017, will be held entirely in English and will feature two roundtables and two panels, each with three presenters. The confirmed participants are: Prof. Jürgen Bast, Prof. Cindy Skach, Prof. Stephen Tierney, Prof. Jeremy Waldron, Prof. Anneli Albi, Prof. Leonard Besselink, Prof. Tommaso Edoardo Frosini, Prof. Giuseppe De Vergottini, Prof. Nicolò Zanon and Prof. Vincenzo Zeno-Zencovich.

Possible Subjects for Paper Proposals

The Convenors invite submissions from scholars in public law at all levels, from doctoral candidates to senior professors. Submissions may address one or more of the following subjects from national, comparative, or European perspectives:

  1. The separation of powers in historical perspective
  2. The separation of powers and forms of government
  3. The separation of powers in the framework of the European Union: intra- and inter-State dynamics
  4. The separation of powers in times of crisis

To Submit an Abstract

Interested scholars are invited to submit a CV and an abstract no longer than 500 words by January 15th, 2017 to separationofpowersmay22@gmail.com. Applicants will be notified by February 15th, 2017. Full drafts of papers will be due by email to separationofpowersmay22@gmail.com no later than April 15th, 2017. Papers should be no longer than 10,000 words (footnotes included).

A selection of papers presented at the Symposium will be published subject to successful blind peer-review.

There is no cost to participate in the conference. The Convenors will make arrangements for group meals. Presenters are responsible for their own travel, accommodation and incidental expenses. A limited number of small travel stipends, kindly provided by the Younger Comparativists Committee in the American Society of Comparative Law, will be awarded to younger scholars selected through the call. If you would like to be considered for a travel stipend, please make that request clearly in your submission.

For additional information, please contact Antonia Baraggia at antonia.baraggia@unimi.it

About the Conveners

Richard Albert is a tenured Associate Professor and Nicholson Scholar at Boston College Law School. He writes on constitutional change, and he is currently completing a monograph on constitutional amendment to be published by Oxford University Press. He is Book Reviews Editor for the American Journal of Comparative Law, which awarded him the Hessel Yntema Prize in 2010 for “the most outstanding article” on comparative law by a scholar under the age of 40. A graduate of Yale, Oxford and Harvard, he is a former law clerk to the Chief Justice of Canada.

Antonia Baraggia is a Research Fellow in Constitutional Law at University of Milan, Department of National and Supranational Public Law. She has been a Visiting Fellow at Fordham University School of Law. Baraggia holds a PhD in Public Law from University of Turin. She serves as a member of the Affiliates Advisory Group of the YCC. Her research interests include citizenship, federalism, bicameralism, human rights, the right to education and the autonomy of Universities considered in comparative perspective.

Cristina Fasone is an Assistant Professor of Comparative Public Law at LUISS Guido Carli University of Rome, Department of Political Science and holder of a Jean Monnet Module on Parliamentary accountability and technical expertise: budgetary powers, information and communication technologies and elections (PATEU) (2017-2019) at LUISS School of Government. She has been a Max Weber Postdoctoral Fellow, EUI, Florence, and Visiting Scholar at the Victoria University of Wellington and at Uppsala University.

Luca Pietro Vanoni is an Assistant Professor of Comparative Law at University of Milan, Department of National and Supranational Public Law. He has been a Visiting Fellow at Notre Dame University, Indiana and at City University of London. His main fields of research concern law and religion, federalism, data protection and immigration law in a comparative perspective.

About the Host Academic Institution

The University of Milan – Department of National and Supranational Public Law

The Department of Italian and Supranational Public Law at the University of Milan promotes and coordinates scientific research and teaching in administrative, constitutional, international, European Union and procedural civil law. The Department publishes and publicizes scholarship; organizes seminars as well as national and international meetings; manages relationships with equivalent European and world scientific institutions; maintains connections with academic institutions at home and abroad, and promotes scholarly exchange among professors and researchers. Consistent with the guidelines indicated in the European Research Area (ERA) Project, the Department favors a multidisciplinary approach to research.

In Partnership with:

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Published on November 29, 2016
Author:          Filed under: Developments
 

What’s New in Public Law

Angelique DevauxCheuvreux Notaires, Diplômée notaire, LL.M 

In this weekly feature, I-CONnect publishes a curated reading list of developments in public law. “Developments” may include a selection of links to news, high court decisions, new or recent scholarly books and articles, and blog posts from around the public law blogosphere.

To submit relevant developments for our weekly feature on “What’s New in Public Law,” please email contact.iconnect@gmail.com.

Developments in Constitutional Courts

  1. France’s Constitutional Council ruled that the French public trust register is unconstitutional because the public access disregards the right to privacy.
  2. Poland’s Constitutional Tribunal held that key rules allowing the most dangerous criminals to be detained in a special facility after serving a jail sentence are constitutional.
  3. Bulgaria’s Constitutional Court clarified the respective roles of incumbent President Rossen Plevneliev and President-Elect Roumen Radev after the resignation of the Boiko Borissov government.
  4. France’s Constitutional Council ruled that the “justice 21” law, which introduced contractual non-judicial divorce, is constitutional.
  5. Germany’s Federal Constitutional Court held that it cannot hear a case over Internet royalties to news content creators brought by Yahoo, Inc.
  6. Kuwait’s Constitutional Court accepted a petition calling for scrapping the November 26 general elections on the basis that the Amiri decree dissolving the National Assembly was not in line with the constitution.

In the News

  1. Slovenia amended its constitution to make access to drinkable water a fundamental right for all citizens and stop it from being commercialised.
  2. Canada plans to restore voting rights for long-term expats.
  3. Hungary’s Parliament elected four Constitutional Court judges to fill vacant positions, and a new court head.
  4. The European Parliament voted to halt EU accession negotiations with Turkey due to the government’s “disproportionate repressive measures” after a failed coup in July.
  5. A Rome (Italy) court rejected an appeal against the wording of a December 4 referendum on constitutional reform, bringing to an end a series of legal appeals against the vote, all of which have been rejected.
  6. Switzerland voted by referendum against plans to abandon nuclear power.

New Scholarship

  1. Richard Albert, Constitutional Dismemberment, Boston College Law School Legal Studies Research Paper No. 424 (2016) (introducing and theorizing the phenomenon, concept, doctrine and theory of constitutional dismemberment, a type of constitutional change situated between an amendment and a new constitution)
  2. Michaela Hailbronner, Overcoming obstacles to North-South dialogue: Transformative constitutionalism and the fight against poverty and institutional failure, Verfassung und Recht in Übersee VRÜ (2016) (showing that the Global South and transformative constitutionalism has become a prominent topic in comparative constitutional law and arguing that its celebration as a distinctively Southern model risks foreclosing debate with the North/West, whose supposedly more traditional liberal model of constitutionalism is treated as an unappealing counterpoint by Southern scholars)
  3. Brian Christopher Jones and Austin Sarat, Justices as ‘Sacred Symbols’: Antonin Scalia and the Cultural Life of the Law, British Journal of American Legal Studies (forthcoming) (examining Justice Scalia’s rise to prominence and his influential status in American law)
  4. Malte Kramme, Christian Baldus, Martin Schmidt-Kessel, Brexit und die juristischen Folgen (2017) (discussing the effects Brexit will have on European private and economic law) (in German)
  5. Yaniv Roznai, Unconstitutional Constitutional Amendments, The Limits of Amendment Powers (2017) (providing an in-depth analysis of the doctrine of unconstitutional constitutional amendment and its growing role in modern constitutional law and proposing a theoretical framework for constitutional unamendability and its judicial enforcement) (For a 30% Discount, use the code ALAUTHC4)
  6. Andreas J. Wiesand, Kalliopi Chainoglou and Anna Sledzinska-Simon (eds.) in collaboration with Yvonne Donders, Culture and Human Rights: The Wroclaw Commentaries (2016) (a legal compendium on human rights in the wider domain of culture, written by 95 experts who summarize and comment on core messages of legal instruments, the essence of case-law, as well as prevailing and important dissenting opinions in the literature, with the aim of providing a user-friendly tool for the daily needs of decision or law-makers)

Calls for Papers and Announcements

  1. The University of Portsmouth, School of Law has issued a call for papers for the 52th Annual Conference of the Association of Law Teachers to be held on April 10-11, 2017. The Conference theme is “Foundations and Futures.”
  2. The Irish Postgraduate Criminology Conference has issued a call for papers for its third annual conference to be held at the Waterford Institute of Technology on February 23, 2017.
  3. Windsor Law has issued a call for papers for the Transnational Law and Justice Network Conference on Transnational Criminal Law in the Americas to be held on May 4-5, 2017 at the University of Windsor, Faculty of Law in Windsor, Ontario, Canada.
  4. The Center of Advanced Studies in Law and Economics (CASLE), Ghent University, School of Law has issued a call for papers for its Midterm Meeting of the European Master in Law and Economics Program to be held in Ghent, Belgium on February 16-18, 2017.
  5. The Penn State Journal of Law & International Affairs has issued a call for papers for an upcoming publication in spring 2017 that will focus on areas of taxation, corporate law, banking and finance, and related subject areas.
  6. The European Society of International Law (ESIL) has issued a call for papers for its 13th annual conference to be held in Naples, Italy on September 7-9, 2017.
  7. The Commonwealth Journal of Constitutional Law and Public Policy (CJCLPP) has issued a call for papers for its upcoming issue: Volume 3, Issue 1.
  8. Constitution Building Programme of the International Institute for Democracy and Electoral Assistance (International IDEA) has issued a call for papers for a workshop onConstitutional Responses to the Crisis of Representation and Oligarchic Democracy” to be in held in the Netherlands in 2017.
  9. The Younger Comparativists Committee of the American Society of Comparative Law (YCC) has issued a call for submissions for the Phanor J. Eder LL.B./J.D. Prize in Comparative Law, in connection with its Sixth Annual Conference, to be held on April 28-29, 2017, at Koç University Law School in Istanbul, Turkey.

Elsewhere Online

  1. Linda Greenhouse, Chasing Abortion Rights Across the State Line, The New York Times
  2. Jean-Philippe Derosier, En Italie : « Basta un ! », La constitution décodée
  3. Jody H. Lehrer, The Most Significant Gain from Cannabis Legalization: One Lawyer’s Perspective, Jurist
  4. Derek O’Brien, Grenada’s Constitutional reforms: Referendums and limits to progressive reforms (Part I) and (Part II), ConstitutionNet
  5. Ilya Somin, Federalism, the Constitution, and sanctuary cities, The Washington Post
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Published on November 28, 2016
Author:          Filed under: Developments
 

Developments in Indonesian Constitutional Law: The Year 2015 in Review

[Editor’s Note: This is the eighth installment in our Year-in-Review series. We welcome similar reports from scholars around the world on their own jurisdictions for publication on I-CONnect. Earlier year-in-review reports have been published on Italy, the Slovak RepublicRomaniaBelgiumSweden, the Czech Republic and Lithuania. As we have done in the past, we extend our sincere thanks to our contributors for how much they have contributed to our learning and appreciation of public law around the world. Today we give great thanks to our contributors from Indonesia. –Richard Albert]

Stefanus Hendrianto, Boston College; and Fritz Siregar, Indonesia Jentera School of Law – ‎University of Indonesia

Introduction

On August 13, 2016, the Indonesian Constitutional Court celebrated its thirteenth year anniversary. This report offers an overview of the Indonesian Constitutional Court’s case law in the 2015/2016 term (a Term of the Constitutional Court begins in mid-August, and usually Court sessions continue until early August in the following year).

The last term also marked the Court’s first full term under the chairmanship of Arief Hidayat, who took over the helm of Chief Justice in January 2015. The 2011 Amendment to the Constitutional Court Law prescribes that the Chief Justice has a limited term of two and half years, which means that Arief Hidayat will be the Chief Justice until 2017.[1]

Most of the decisions of the Indonesian Constitutional Court have not been officially translated into English. This report aims to offer a quick overview of the Court’s decisions for comparative judicial scholars who are interested in the Indonesian Constitutional Court’s case law. The first section of the report reviews some notable statutory review cases from the last term. The second section reviews the Court’s decisions in Regional Elections Disputes. The primary focus of the report will be on the statutory review, in which it describes nine cases. We would classify the cases under four sections: judicial review of electoral laws, judicial review of marriage law, socio-economic rights, and administrative law related cases.
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Published on November 25, 2016
Author:          Filed under: Analysis
 

Developments in Lithuanian Constitutional Law: The Year 2015 in Review

[Editor’s Note: This is the seventh installment in our Year-in-Review series. We welcome similar reports from scholars around the world on their own jurisdictions for publication on I-CONnect. Earlier year-in-review reports have been published on Italy, the Slovak RepublicRomaniaBelgiumSweden and the Czech Republic. As we have done in the past, we reiterate our sincere thanks to our contributors for how much they have contributed to our learning and appreciation of public law around the world. Today we give great thanks to our contributors from Lithuania. –Richard Albert]

Prof. Dr. Dainius Žalimas, President of the Constitutional Court; Dr. Ingrida Danėlienė, Lecturer, Vilnius University; Vaidas Lubauskas, Head of Legal Research Division at the Constitutional Court

I. Introduction

The Constitutional Court of the Republic of Lithuania seeks to make its official constitutional doctrine accessible to legal specialists of foreign states by translating into English and placing on the website of the Constitutional Court all of its acts and summaries, as well as publishing collections of the selected acts in the English language in the series titled “Selected Decisions”. However, there is yet no research tool which could help find the most important constitutional case law of the Constitutional Court of the Republic of Lithuania in any given year. Therefore, in order to fulfill this gap, we have prepared this report reviewing ten notable rulings in Lithuanian constitutional law from 2015.

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Published on November 22, 2016
Author:          Filed under: Analysis
 

Call for Papers–Phanor J. Eder LL.B/J.D. Prize in Comparative Law

The Younger Comparativists Committee of the American Society of Comparative Law (YCC) is pleased to invite submissions for the Phanor J. Eder LL.B./J.D. Prize in Comparative Law, in connection with its Sixth Annual Conference, to be held on April 28-29, 2017, at Koç University Law School in Istanbul, Turkey. The Phanor J. Eder Prize is named in honor of the first president of the American Society of Comparative Law.

Subject Matter and Eligibility

The Phanor J. Eder Prize will be awarded to the best comparative law paper submitted by an LL.B. or J.D. student; one or more honorable mentions will also be awarded. 

Papers will be accepted on any subject in public or private comparative law from students currently enrolled in a J.D. or LL.B. program, who will not yet have received their degree as of April 1, 2017.  

Submissions from graduate students enrolled in master’s or doctoral programs are not eligible for this prize but may participate in a separate competition. Information is available at http://ascl.org/new-scholarship.

Submission Instructions

To submit an entry, students should send an email to phanorjederprize@gmail.com with the subject line: “Submission for Phanor J. Eder Prize.” The email should state each author’s name and law school contact information, the title of the paper, and a certification that each author is an LL.B. or J.D. student satisfying the criteria set out above. The paper should be attached to this email in Microsoft Word or PDF format. Papers must be no more than 15,000 words (excluding footnotes). Submissions should reflect original research that will not yet have been published by the time of the conference, although it may have been accepted for publication.

The deadline for submission is January 16, 2017.

Scholars may make only one submission. Co-authored submissions will be accepted, provided that all authors satisfy the eligibility criteria and provide a certification to that effect

Selection & Notification Process

The winning author(s) will be invited to present their paper at the YCC’s Annual Conference. The winner(s) will receive a modest stipend furnished by LexisNexis to help defray the costs of attendance. There is no registration fee, but winners will be responsible for securing their own funding for travel, lodging, and other incidental expenses beyond the prize stipend. The author(s) of the winning submission and any honorable mention recipients will be notified as soon as possible, and no later than February 13, 2017

The YCC gratefully acknowledges the support of Koç University Law School and LexisNexis. If you have access to Lexis Advance®, research here.

The Phanor J. Eder Prize is administered by the YCC’s Affiliates Advisory Group, http://ascl.org/younger-comparativists/. Please direct any questions to Patrick Yingling, Chair of the Affiliates Advisory Group, by email at mpyingling@gmail.com.

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Published on November 22, 2016
Author:          Filed under: Developments
 

What’s New in Public Law

Mohamed Abdelaal, Alexandria University (Egypt)

In this weekly feature, I-CONnect publishes a curated reading list of developments in public law. “Developments” may include a selection of links to news, high court decisions, new or recent scholarly books and articles, and blog posts from around the public law blogosphere.

To submit relevant developments for our weekly feature on “What’s New in Public Law,” please email contact.iconnect@gmail.com.

Developments in Constitutional Courts

  1. Germany’s Federal Constitutional Court ruled that the federal government need not submit the NSA Selector Lists to the Bundestag Committee of Inquiry into NSA Activities.
  2. South Africa’s Constitutional Court ruled that racism cannot be overlooked in South Africa.
  3. The Council for the Advancement of the Constitution sought to join the Democratic Alliance court challenge to South Africa’s withdrawal from ICC.
  4. The UK Supreme Court ruled the Scotland and Wales can intervene in Brexit lawsuit.
  5. Turkey’s Constitutional Court ruled against deportation of Syrian and Russian nationals.

In the News

  1. In Ukraine, a new bill on Constitutional Court has been submitted to Parliament.
  2. In Moldova, a new bill was proposed to reform the Constitutional Court.
  3. In South Korea, the opposition has vowed to impeach the President.
  4. The UK Parliament passed a controversial mass surveillance law.
  5. Slovenia amended its constitution to make access to drinkable water a fundamental right for all citizens and stop it being commercialized.
  6. Sri Lanka’s Constitution will be subject to a popular referendum.

New Scholarship

  1. Bui Ngoc Son and Pip Nicholson, Activism and Popular Constitutionalism in Contemporary Vietnam, Law & Social Inquiry (2016) (analysing activism in Vietnam, focusing on the lodging of Petition 72 with the Constitutional Amendment Drafting Commission in 2013, and the resulting responses; concluding that this activism was pivotal in advocating for new constitutional norms, evidencing popular constitutionalism in Vietnam)
  2. Bui Ngoc Son, Confucian Constitutionalism in East Asia (2016) (examining detailed aspects of Confucianism and the workings of constitutions in practice)
  3. Stefanus Hendrianto, The Puzzle of Judicial Communication in Indonesia: The Media, the Court and the Chief Justice, in Richard Davis and David Taras (eds.), Justice and Journalists: The Global Perspective (forthcoming 2016) (exploring the relationship between the media and the Indonesian Constitutional Court)
  4. Benjamin Schonthal, Buddhism, Politics and the Limits of Law: The Pyrrhic Constitutionalism of Sri Lanka (2016) (providing an extended study of the legal regulation of religion in Sri Lanka as well as an analysis of the intersections of Buddhism and contemporary constitutional law) (For a 20% Discount, use the code SCHONTHAL2016)
  5. Rajeev Kadambi, Ambedkar’s Framing of the ‘Political’ within Ethical Practice (2016) (explaining Ambedkar’s recasting of pure politics and the political within an ethical framework as well as Ambedkar’s ethos of radical action grounded in the limitation of the state, law and institutional structures to transform society)
  6. Daniel E. Walters, The Judicial Role in Constraining Presidential Nonenforcement Discretion: The Virtues of an APA Approach, 164 University of Pennsylvania Law Review (2016) (arguing that courts still can and do constrain presidential nonenforcement discretion, and that they are far better situated to do so when they operate under the rubric of conventional administrative law)
  7. Eugene D. Mazo, Rethinking Presidential Eligibility, Fordham Law Review (forthcoming) (examining how a challenge to a candidate’s eligibility impacts a presidential campaign)
  8. Steven L. Schwarcz, Shadow Banking and Regulation in China and Other Developing Countries, Duke Law School Public Law & Legal Theory Series (2016) (arguing that a regulatory balance is needed to help protect financial stability while preserving shadow banking as an important channel of alternative funding)
  9. Timothy K. Kuhner, The Corruption of Liberal and Social Democracies, 84 Fordham Law Review (2016(focusing on plutocracy, the form of corruption most affecting the United States at present)
  10. International IDEA, Annual Review of Constitution-Building Processes: 2015 (providing a retrospective of constitutional transitions around the world, the issues that drive them, and their implications for national and international politics; identifying regional commonalities that not only tie together the processes of constitutional reform taking place in neighbouring countries, but also represent relevant contextual aspects that help explain the forces and mechanisms driving constitutional change in each region)

Calls for Papers and Announcements

  1. The Younger Comparativists Committee of the American Society of Comparative Law (YCC) is pleased to invite submissions for the Phanor J. Eder LL.B./J.D. Prize in Comparative Law, in connection with its Sixth Annual Conference, to be held on April 28-29, 2017, at Koç University Law School in Istanbul, Turkey. Papers will be accepted on any subject in public or private comparative law from students currently enrolled in a J.D. or LL.B. program. To submit an entry, students should send an email to phanorjederprize@gmail.com. The deadline for submission is January 16, 2017. The winning author(s) will be invited to present their paper at the YCC’s Annual Conference. The winner(s) will receive a modest stipend furnished by LexisNexis to help defray the costs of attendance.
  2. Organizers have issued a call for submissions for a conference taking place in the new School of Law building at Queen’s University Belfast on Friday, May 19, 2017. The conference’s theme is “The Concept of Fairness in Law-Making.”
  3. The European Society of International Law Interest Group on International Legal Theory Workshop welcomes submissions for its 13th ESIL Annual Conference: “Global Public Goods, Global Commons and Fundamental Values: The Responses of International to be held on September 7-9, 2017 in Naples.
  4. The Transnational Law and Justice Network Faculty of Law, University of Windsor, Canada invites abstracts for the Transnational Criminal Law in the Americas Conference on May 4-5, 2017.
  5. The issue Nº 11 (2016) of the Journal of Law & Religion (Revista Derecho y Religión) has been published and can be ordered directly from the publishing house.
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Published on November 21, 2016
Author:          Filed under: Developments