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I·CONnect

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

What’s New in Comparative Public Law

Mohamed Abdelaal, Alexandria University (Egypt)

In this weekly feature, I-CONnect publishes a curated reading list of developments in comparative 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 comparative public law blogosphere.

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

Developments in Constitutional Courts

  1. The German Constitutional Court ruled that Germans have the right to insult the police.
  2. Malawi High Court ruled mandatory HIV tests unconstitutional.
  3. The Supreme Court of the Virgin Island permits second-parent adoptions by same-sex couples.
  4. A federal judge in Alabama ruled that Alabama’s ban on same-sex marriage is unconstitutional pending the ruling of the Supreme Court of the United States.

In the News

  1. In Spain, the opposition challenged the constitutionality of a new “gag law.”
  2. Egypt appoints a new Minister of Justice.
  3. According to Amnesty International, Qatar’s government has failed in delivering migrant labor reforms.
  4. The U.S. Court of Appeals for the D.C. Circuit ruled that tobacco companies don’t have to advertise that they lied about the dangers of smoking.
  5. A federal judge has declared the Washington, D.C., Gun Carry Law unconstitutional.
  6. Nebraska lawmakers approve bill abolishing death penalty.

New Scholarship

  1. Richard Albert, The Difficulty of Constitutional Amendment in Canada, 39 Alberta Law Review (forthcoming 2015) (explaining and evaluating the extra-textual sources of formal amendment difficulty in Canada, and inquiring whether they undermine the purpose of writtenness)
  2. Xenophon Contiades & Alkmene Fotiadou, On Resilience of Constitutions. What Makes Constitutions Resistant to External Shocks?, 9(1) Vienna Journal of International Constitutional Law (2015) (discussing the relation between constitutions and resilience in light of the role of constitutions during the global financial crisis)
  3. Rehan Abeyratne, Executive Power in India and Sri Lanka, Reforming Sri Lankan Presidentialism: Provenance, Problems and Prospects, Asanga Welikala (ed), Centre for Policy Alternatives, 2015 (exploring the separation of powers in Sri Lanka from a comparative perspective)
  4. Jason N. E. Varuhas, Against Unification, in Wilberg and M. Elliott (eds), The Scope and Intensity of Substantive Review: Traversing Taggart’s Rainbow (forthcoming 2015) (discussing arguments for and against the unification common law judicial review and human rights law)
  5. Richard Alexander Izquierdo, The Architecture of Constitutional Time, 23(4) William & Mary Bill of Rights (2015) (discussing how presidents have constructed distinct constitutional regimes during national crises without overturning the original 1787 Constitution.)
  6. Nicholas Aroney, Federalism and Subsidiarity: Principles and Processes in the Reform of the Australian Federation (2015) (providing comparative guidance on how Australia’s federal system might best be reformed)
  7. Neil Walker, The Antinomies of Constitutional Authority, in M Del Mar and R Cotterrell (eds) Authority beyond the State (forthcoming) (examining how state constitutionalism has sought to find a balance between the contending forces within the structural dimension of constitutionalism, the ethical dimension of constitutionalism, the functional dimension of constitutionalism, and the socio-cultural dimension of constitutionalism.)

Call for Papers and Announcements

  1. The Italian Association of Comparative Law will hold its Biennial Colloquium in Palermo on June 11-13, 2015, on “Teaching Comparative Law.”
  2. The 2016 AALS Panel of the Section on Sexual Orientation and Gender Identity Issues (SOGII) will accept one abstract to be presented in a panel under the theme of “What’s Next For the LGBT Movement after the Marriage Cases: Defects in Anti-Discrimination Laws and Religious Freedom Challenges.”
  3. Boston College Environmental Affairs Law Review has issued a call for papers for its November Symposium “The Public & Private Insurance Implications of Climate Change’s Drastic Challenges.”
  4. Washington University School of Law is now accepting abstracts for its Tenth Annual Conference on Empirical Legal Studies to be held on October 30-31, 2015 in Washington University School of Law, St. Louis, MO.
  5. The Faculty of Law of the Hebrew University in Jerusalem invites applications for its Summer Institute for Law and Policy, June 29- July 15, 2015.
  6. The New Zealand Historical Association (NZHA) invites submissions from postgraduates for a mini-conference dedicated to Magna Carta and its legacy to be held in New Zealand, December 2-4, 2015.

Elsewhere on Blogs

  1. Gerard Magliocca, Why Do We Have Bicameralism?, Concurring Opinions
  2. Jacob Gershman, Police: You Need a Warrant to Search Our Phones, WSJ LawBlog
  3. Caroline Mala Corbin, Paperwork as a Substantial Religious Burden, Jurist
  4. Lissa Griffin, Hearsay and Confrontation: Recorded Victim Statements in the US and UK, Comparative Law Prof Blog
  5. Clara Burbano-Herrera, It is time to take maternal mortality in Kenya seriously, AfricLaw
  6. Ibrahim Al-bakri Nyei, What do the people want? Demands for expansion of rights and a Christian state through constitutional reform in Liberia, ConstitutionNet
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Published on May 25, 2015
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Recap of Inaugural Conference of ICON·S-Israel

Iddo Porat, College of Law and Business

The inaugural conference of ICON·S-Israel, the Israeli branch of the International Society of Public Law, took place in Ramat Gan, Israel, on May 14. ICON·S was created in order to foster an international community of scholars based on the ideas behind the Journal I·CON—a broad perception of pubic law in terms of both doctrinal and physical boundaries, and an emphasis on innovation and cutting-edge research. Following the success of the ICON-S conference in Florence, the idea came up to create local branches of the Society that will link local communities to the international society, and foster the same ideas on the local level. The Israeli branch would be the first such local branch, which will hopefully be followed by others in Australia, Italy and other countries.

In the one day conference that was hosted by the College of Law and Business, and was conducted in Hebrew, there were panels on different areas of public law—constitutional law, administrative law, international law and criminal law—different research perspectives–historical, empirical and cultural—and a mix of Israeli based and globally or theoretically oriented research.

A lively debate took place during the lunch panel around the appropriateness of law review metrics such as the Washington & Lee rankings of law journals, as measures for research excellence, and on the question of whether Israelis are discouraged from publishing in Hebrew because publications in American and European law reviews are considered more prestigious in Israeli Academia.

The concluding panel was in the form of an interview conducted by Joseph Weiler—the founder of both I·CON and ICON·S. Weiler interviewed three distinguished scholars: Ruth Gavison, Moshe Halbertal and Ran Hirschl, on issues relating to Jewish identity, Israeli identity, and clashes between modernity and religion in the Middle East and in Europe, following such dramatic and traumatic events as the rise of ISIS and the terrorist attacks on Charlie Hebdo and Hiper Kasher Supermarket.

The conference revealed once again the rich scholarly activity of Israeli scholars in the area of public law, both young and more established, and will create, so we hope, a framework for future conference and activities of ICON·S-Israel.

Iddo Porat and Gila Stopler
Conference Organizers

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Published on May 23, 2015
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Video Interview: Developments in Indonesian Constitutional Law Featuring Stefanus Hendrianto

Richard Albert, Boston College Law School

In this latest installment of our new video interview series at I-CONnect, I interview Stefanus Hendrianto on developments in Indonesian constitutional law.

In the interview, we discuss the adoption of the Indonesian Constitution, the creation of the Indonesian Constitutional Court, the current and former Chief Justices, the new President of Indonesia, as well as the future of the Indonesian Constitution.

Stefanus Hendrianto is a Visiting Lecturer in Law and an Adjunct Professor of Political Science at Santa Clara University. His research interests include constitutional law and comparative law, law and religion, and the role of law in economic development and legal reforms in transitional and developing economies.

Born and raised in Indonesia, he served in 1999 as the youngest Commissioner on the Indonesian General Election Commission that supervised the first free election in Indonesia. He holds degrees from Utrecht University (Netherlands), Gadjah Mada University (Indonesia), and the University of Washington (USA).

The interview runs for 26 minutes, and is available here.

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Published on May 20, 2015
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What’s New in Comparative Public Law

Rohan Alva, Jindal Global Law School

In this weekly feature, I-CONnect publishes a curated reading list of developments in comparative 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 comparative public law blogosphere.

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

Development in Constitutional Courts

  1. The Indian Supreme Court declined to form a bench of eleven justices to adjudicate the challenge to the new method for judicial appointments to constitutional courts. The Court concluded that the current constitution bench, composed of five justices, was sufficiently capable of adjudicating the challenge.
  2. The President of Singapore appointed a new justice and a judicial commissioner to the Supreme Court of Singapore.
  3. Mohamed Morsi, the former Egyptian president, was handed the death penalty for escaping from prison in 2011 at a time when there was a groundswell of protest against the rule of Hosni Mubarak.
  4. The European Court of Human Rights ruled that the arrest and subsequent custody of three individuals under Northern Ireland’s ‘anti-terrorism legislation’ was legally firm.
  5. Coming to the aid of the homeless, the U.K. Supreme Court declared that ‘councils’ must exercise a greater degree of care when determining if assistance is to be extended to homeless individuals.

In the News

  1. The Lok Sabha in the Indian Parliament effected legislative changes to the Whistleblowers Protection Act of 2011. Unhappy with the way in which the changes were effected, members of the political opposition exited the Lok Sabha when the bill was to be voted on.
  2. David Granger was sworn in as Guyana’s president. His appointment marked an end to the People’s Progressive Party’s rule, which had lasted for twenty-three years.
  3. Ukraine’s Parliament agreed upon a piece of ‘martial law’ legislation, which authorizes law enforcement agencies to ‘detain and relocate’ foreign nationals whose actions constitute as ‘acts of aggression against Ukraine’.
  4. The House of Representatives in U.S.A. approved legislation which prohibits abortions after the twentieth week of pregnancy. President Obama, however, is considered unlikely to sign such a bill into law.
  5. A referendum on the question of making gay marriage legal will be conducted in Ireland. If the referendum succeeds, same-sex couples will be entitled to a constitutional right to marry. 

New Scholarship

  1. Felice Batlan, Women and Justice for the Poor: A History of Legal Aid: 1863-1945 (Cambridge University Press, 2015) (assessing how groups composed of women in the U.S.A. began extending legal aid to the needy in the 19th century, and that the rise of male lawyers in legal aid in the 20th century meant that women were excluded from the site of legal aid, and to counter such exclusion, a ‘social work model’ was created for women to extend legal aid)
  2. Wojciech Sadurski, Is there Public Reason in Strasbourg? (Sydney Law School Research Paper, No. 15/46, 2015) (adopting the Rawlsian idea of public reason to inquire into the manner in which the European Court of Human Rights investigates questions of infringement of rights)
  3. Fiona De Londras, Constitutionalizing Fetal Rights: A Salutary Tale From Ireland [22 Michigan Journal of Gender & Law (forthcoming, 2015)] (critically evaluating the conception of constitutionally vesting unborn children with rights, and exploring the deleterious effects the existence of such rights may have upon the rights of women to access abortion procedures)
  4. David Thór Björgvinsson, The Role of Judges of the ECtHR as Guardians of Fundamental Rights of the Individual (iCourts Working Paper Series, No. 23, 2015)(examining the apparent reduction in the intensity of the European Court of Human Right’s assessment of claims of human rights violations in the face of opposition to the Court’s functioning, and arguing that the Court stands to lose its ‘moral capital’ if it changes its jurisprudence be viewed more approvingly)
  5. Mark A. Graber, A New Introduction to American Constitutionalism (Oxford University Press, 2015) (adopting a multi-disciplinary approach to evaluate the novelty of the American constitution, and seeking to answer fundamental questions that the functioning of the constitution has raised)

Elsewhere on the Internet

  1. Pierre De Vos, Dying with Dignity judgment- moral views of some cannot justify infringement of rights of others, Constitutionally Speaking
  2. Meredith Dost, Dim public awareness of Supreme Court as major rulings loom, Pew Research Center
  3. Douglas McDonald, Judges with Elected Experience, Law and Other Things
  4. Phillipe Sands, The British bill of rights could end the UK, The Guardian
  5. Michael Ford, USDAW v Ethel Austin in the ECJ, Oxford Human Rights Hub

Events/Conferences

  1. The Devolution Club, Italian Cultural Institute and the UK Constitutional Law Association are organizing an Italian-British Constitutional Conversation on ‘The Constitutional Heritage of the Magna Carta’ on the 8th of June, 2015 at the Italian Cultural Institute in London.
  2. A call for papers is issued by the Zvi Meitar Center for Advanced Legal Studies, Tel Aviv University for the 3rd Annual TAU Workshop for Junior Scholars on ‘Theory Coming to Life’ to be held on the 26th and 27th of October, 2015. All abstracts must be sent in by the 15th of June, 2015.
  3. Abstracts are invited for a conference on ‘In Search of Basic European Values’ which will be held on the 20th and the 21st of November, 2015 at the Graduate School of Government and European Studies and the European Faculty of Law. All abstracts are due by the 1st of September, 2015.
  4. Entries are called for the ‘Tenth Annual Conference on Empirical Legal Studies’ to be held on the 30th and 31st of October, 2015 at the Washington University School of Law. Papers should be sent in by the 26th of June, 2015.
  5. Entries are invited for the Nova Law Review Symposium on ‘Shutting Down the School to Prison Pipeline’, which will be organized on the 18th of September, 2015. Abstracts of papers should be sent in by the 1st of June 2015.
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Published on May 18, 2015
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A British Bill of Rights – Why, How and Now What?

Carla M. Zoethout, University of Amsterdam

After the landslide victory for the British Conservative Party on May 7, the Party’s alarming plan with a view to human rights protection in Europe deserves major attention. As early as October 2014, Prime Minister David Cameron announced that his party will ‘end the ability of the European Court of Human Rights (ECtHR) to force the UK to change the law’.[1]  It has even considered withdrawing from the European Convention of Human Rights.[2] Furthermore, the Conservatives made it clear they wanted to scrap ‘Labour’s Human Rights Act’ (the Act which incorporates the European Convention into British law) and replace this with a British ‘Bill of Rights and Responsibilities’. Does this mean another Brexit – this time from the European Convention?

Read the rest of this entry…

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Published on May 15, 2015
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Should Foreigners Vote in National Legislative Elections?

Michèle Finck, University of Oxford

Next month, voters in Luxembourg will have to participate in a referendum (voting is mandatory in Luxembourg) that raises three different questions, among which is the following: do you agree that those residents that are not Luxembourg nationals should be entitled to participate in national legislative elections under the condition that (i) they have lived in Luxembourg for at least ten years, and (ii) they have previously participated in local elections or elections for the European Parliament in Luxembourg?

At first sight this may seem surprising, but it is not unprecedented. Foreigners can participate in legislative elections in some countries, such as the UK, which has created this option solely for the British, Irish and Commonwealth citizens, and also New Zealand. What makes the Luxembourg case particularly noteworthy is not only the possibility of foreigner voting but also its practical significance. This becomes obvious when looking at the Grand Duchy’s demographic structure: around 46% of its population are foreign residents. Opening the door to foreigner voting would significantly change political participation and decision-making, and question a number of issues that are often taken for granted. I examine these rather complex issues at length in a paper that is forthcoming in the European Constitutional Law Review. In this post, I will not engage with all the issues that arise but I will rather explain how this question arrived on the ballot and outline the possible consequences should voters approve the measure.

Why Luxembourg?

The topic cannot be grasped in isolation from Luxembourg’s demographic composition, it being one of the countries with the highest share of non-national residents in the world.

Read the rest of this entry…

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Published on May 13, 2015
Author:          Filed under: Developments, New Voices
 

What’s New in Comparative Public Law

Patrick Yingling, Reed Smith LLP

In this weekly feature, I-CONnect publishes a curated reading list of developments in comparative 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 comparative public law blogosphere.

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

Developments in Constitutional Courts

  1. Togo’s constitutional court declared Faure Gnassingbe president for a third five-year term after tallying votes.
  2. A judge for the US District Court for the Western District of Washington dismissed a lawsuit challenging a state law requiring universal background checks for all gun transfers, including noncommercial, online, or gun show sales.
  3. A judge for the Alberta Court of Appeal ruled that former Guantanamo detainee Omar Khadr can be released on bail while he appeals his US war crimes conviction.
  4. Burundi’s constitutional court approved President Pierre Nkurunziza’s bid for a third term, brushing aside more than a week of deadly protests and the refusal of the court’s deputy president to sign its ruling.
  5. The High Court of South Africa ruled that a man who was diagnosed with terminal prostate cancer in 2013 could allow a doctor to help him end his life.

In the News

  1. Polish President Bronislaw Komorowski was pushed into a surprise second place spot by a conservative challenger in the presidential election and must now face him in a run-off on May 24, an exit poll showed.
  2. The lower house of the French Parliament overwhelmingly approved a bill that could give the authorities their most intrusive domestic spying abilities ever, with almost no judicial oversight.
  3. The Italian Parliament approved a controversial electoral overhaul designed according to some to bring increased political stability to the country.
  4. Puerto Rican Governor Alejandro Garcia Padilla signed an executive order legalizing medical marijuana.
  5. Guatemala’s vice president resigned to face an investigation over her alleged involvement in a customs corruption racket amid a scandal that has hurt the ruling party ahead of elections.

New Scholarship

  1. Joshua C. Gellers, Environmental Constitutionalism in South Asia: Analyzing the Experiences of Nepal and Sri Lanka, Cambridge University Press 2015 (using qualitative content from interviews conducted in Nepal and Sri Lanka to address why some countries adopt constitutional environmental rights while others do not)
  2. Stephan Gardbaum, The Indian Constitution and Horizontal Effect, Oxford Handbook of the Indian Constitution, Sujit Choudhry, Madhav Khosla and Pratap Mehta eds., Oxford University Press, 2016, Forthcoming (analyzing the application of the Fundamental Rights provisions of the Indian Constitution to non-state actors and concluding that the Supreme Court’s well-known expansion of the writ petition/public interest lawsuit has limited the reach of Fundamental Rights into the private sphere)
  3. Shai Dothan, Why Granting States a Margin of Appreciation Supports the Formation of a Genuine European Consensus, iCourts Working Paper Series no. 22, 2015 (examining the competing doctrines of Emerging Consensus and Margin of Appreciation in the European Court of Human Rights)
  4. Maxime St-Hilaire, Global Standards of Constitutional Law: Epistemology and Methodology, 2015 (undertaking, both at a methodological and an epistemological level, the development of a model for ascertaining global standards of constitutional law)
  5. Kanstantsin Dzehtsiarou, European Consensus and the Legitimacy of the European Court of Human Rights, Cambridge University Press 2015 (providing in-depth analyses on whether European consensus is capable of enhancing the legitimacy of the European Court of Human Rights)

Elsewhere Online

  1. Lissa Griffin, Hearsay and Confrontation: Recorded Victim Statements in the US and UK, Comparative Law Prof Blog
  2. Dunia Mekonnen Tegegn, Call for a corruption-free Africa: A rights based approach, AfricLaw
  3. Olga Razumovskaya, Russia and China Pledge Not to Hack Each Other, Wall Street Journal Law Blog
  4. Saksith Saiyasombut, Thailand’s next post-coup constitution: Uncharted territory to ‘true democracy’ or same old trodden path back to authoritarianism?, ConstitutionNet
  5. Kimberly Mutcherson, Dignity in Life as in Death, Jurist

Calls for Papers and Announcements

  1. European Commission calls for input to its first Annual Colloquium on fundamental rights in the EU to be held on October 1-2, 2015, in Brussels, Belgium.
  2. The ABA Section of International Law invites articles for the International Law News.
  3. The Society of Empirical Legal Studies and the Center for Empirical Studies of Decision Making and the Law have issued a call for papers for the first international workshop for junior empirical legal scholars to be held on December 17-18, 2015, at the Hebrew University of Jerusalem.
  4. The Centre Perelman de Philosophie du Droit will run the first edition of the Brussels Global Law Week on May 18-22, 2015.
  5. The International Journal of International Law invites submissions for vol. 2 issue 1; the deadline is June 30, 2015.
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Published on May 11, 2015
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Reforming the Afghan Electoral System: The Current Debate and its Implications for the Plans to Amend the Afghan Constitution

–Shamshad Pasarlay, Mohammad Qadamshah, & Clark B. Lombardi, University of Washington School of Law

Afghanistan’s flawed system for electing presidents and resolving electoral disputes led recently to a political crisis that nearly split the country. The immediate crisis was resolved through a special power sharing agreement between the two leading candidates, Ashraf Ghani and Abdullah Abdullah. As part of the agreement, the candidates agreed to arrange for the sitting in the near future of a Loya Jirga—an institution that can serve as a constitutional amending convention. Empowered to make significant changes to the constitution, the sitting of this Loya Jirga will present Afghanistan with a significant opportunity to debate alternative proposals for constitutional reform and embrace reforms that have a good chance to improve the efficiency and legitimacy of Afghan governments going forward. The Loya Jirga, however, will be composed largely of figures elected in the upcoming parliamentary and district council elections. Unfortunately, there are still doubts about the election system, and there are fears that these elections, like the earlier Presidential ones, may be problematic. If so, one of the parties to the power-sharing deal may reject the legitimacy of the Loya Jirga and its proposed constitutional reforms. Afghanistan will thus lose an opportunity to reconstitute itself in a manner likely to bring stability to the country. It is of the greatest urgency that Afghanistan work hard to reform its voting system, method of running elections, and method of contesting results to ensure that the upcoming parliamentary elections have maximum legitimacy. Read the rest of this entry…

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The Honduran Constitutional Chamber’s Decision Erasing Presidential Term Limits: Abusive Constitutionalism by Judiciary?

David Landau, Florida State University College of Law & Brian Sheppard, Seton Hall University School of Law

The recent decision of the Constitutional Chamber of Honduras annulling a series of constitutional and legal provisions that prohibited presidential reelection and made that prohibition unamendable was a troubling one. The same political forces that previously ousted ex-President Manuel Zelaya in 2009 for allegedly attempting to call a Constituent Assembly to alter the no-reelection rule have now found that rule an impediment, and the Chamber has been used to cast it aside. The decision is somewhat reminiscent of a 2009 one from Nicaragua, where a Supreme Court controlled by President Daniel Ortega deployed the unconstitutional constitutional amendment doctrine to strike down term limits that prevented Ortega from remaining in power.

As ex-consultants to the Truth and Reconciliation Commission (on constitutional issues) that was formed in the aftermath of Zelaya’s removal, we are concerned by the continued elite manipulation of the Honduran constitution. In this post, we focus on two intertwined points: (1) the decision marks the end of a lost opportunity to achieve broader, positive reforms in the Honduran constitution, and (2) the decision uses standard tools of democratic defense like the unconstitutional constitutional amendments doctrine and international human rights law to undermine rather than safeguard the democratic order – in other words, it may be an example of abusive constitutionalism by court.[1] Read the rest of this entry…

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Published on May 6, 2015
Author:          Filed under: Developments, Uncategorized
 

What’s New in Comparative Public Law

–Sandeep Suresh, National Law University, Jodhpur, India

In this weekly feature, I-CONnect publishes a curated reading list of developments in comparative 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 comparative public law blogosphere.

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

Developments in Constitutional Courts

  1. Burundi’s Constitutional Court will examine the legality of President Pierre Nkurunziza’s bid for a third term.
  2. The Rajasthan High Court issues directions to curb and discourage female foeticide in the State of Rajasthan (India).
  3. The United States Supreme Court heard arguments on the legality of same-sex marriages in the matter of Obergefell v Hodges.
  4. A 5-judge bench of the Indian Supreme Court is currently hearing arguments in a matter challenging the National Judicial Appointments Commission that was recently introduced with legislative backing for the appointment of constitutional courts judges in India.
  5. The United States Supreme Court heard oral arguments in Glossip v Gross in which the State of Oklahoma’s lethal injection protocol used for executions was challenged.

New Scholarship

  1. Alli Orr Larsen, Do Laws Have a Constitutional Shelf Life?, 94 Texas Law Review (Forthcoming) (exploring whether and how a law that was relevant and rational when written may lose its value as time and circumstances change)
  2. Richard Albert, The Unamendable Core of the United States Constitution, in Andras Koltay (ed.), Comparative Perspectives on the Fundamental Freedom of Expression (inquiring whether the United States Constitution should require the implicit unamendability of the First Amendment’s rights of democratic expression)
  3. Justice Gatuyu, The Typology of Kenyan Devolution; Upheavals of Transition, Structural Set-Up and the Muse for Certainty, SSRN Working Paper (April 1, 2015) (exploring devolution in the Kenyan Constitution and surveying the constitutional, statutory and case law on devolution)
  4. Michael Waibel, Principles of Treaty Interpretation: Developed for and Applied by National Courts?, University of Cambridge Faculty of Law Research Paper No. 16/2015 (April 17, 2015) (analyzes the way in which national courts apply and interpret treaties and international law)
  5. Ioanna Tourkochoriti, ‘Disparate Impact’ and ‘Indirect Discrimination’: Assessing Responses to Systemic Discrimination in the U.S. and the E.U, European Journal of Human Rights (3/2015) (analysing the differences in the understanding and application of the idea of disparate impact in the U.S. and EU)
  6. Mark Elliott, Beyond the European Convention: Human Rights and the Common Law, (2015) 68 Current Legal Problems (examining the potential of the common law as a vehicle for the enforcement of human rights)
  7. Karen McAuliffe, Translating Ambiguity, Journal of Comparative Law Volume 9 No.2(2014) (showing how language plays a significant role in the reasoning used by the Court of Justice of the European Union, which has impacted the development of EU law)

In the News

  1. France could loosen its ban on gay men giving blood after the European Court of Justice ruled in favour of adopting less restrictive measures.
  2. Political parties of Thailand banned from debating the nation’s draft Constitution.
  3. Honduras is facing a constitutional crisis after the Supreme Court repealed two articles of the Constitution which banned Presidential re-election.
  4. Sierra Leone urges it political parties include in their Constitution a gender policy that will allow women to be involved in the decision making process of their parties.
  5. Non-contentious clauses in the draft Constitution of Zambia will be tabled before the Parliament for inclusion in the current Constitution in June.

Calls for Papers

  1. The Graduate School of Government and European Studies is organising a Workshop on “The Concept and Conceptions of Transnational and Global Law”. The Workshop will be held on June 18th, 2015 at Lecture Room P4, Graduate School of Government and European Studies Cankarjevo nabrežje 11, Ljubljana, Slovenia. Interested participants must register before June 10th, 2015.
  2. The Commonwealth Journal of International Affairs is currently seeking articles for publication in 2016 in a special issue on Free Speech in the Commonwealth. Articles of 4,000 words should be submitted by late 2015. For further details, contact noel.cox34@gmail.com.
  3. The Harvard – US India Initiative is soliciting essays for its Essay Competition. Interested participants may submit their essays by December 15th 2015. For further details, see the notification here.
  4. The Graduate Institute’s International Law Department is hosting an International Conference on “International Law and Time” on June 12th, 2015 in Geneva, Switzerland. Interested participants may register for the conference by submitting the form given here.
  5. Turgut Ozal University School of Law and the Association for Canadian Studies are inviting scholars and policy-makers to submit paper proposals for the International Conference on International Law and Domestic Policies. The Conference will take place on 30-31 October 2015 in Ankara, Turkey.

Elsewhere on the Internet

  1. Camila Gianella-Malca and Bruce Wilson, Rainbow revolution in Latin America: The battle for recognition, Centre on Law & Social Transformation
  2. Matej Avbelj, Slovenia constitutionally reloaded, but still failing, Verfassungsblog
  3. Songkran Grachangnetara, Democracy must be built on mistrust of good people, Bangkok Post
  4. Adam Liptak and Alicia Parlapiano, Major Supreme Court Cases in 2015, The New York Times
  5. Dylan Loh Ming Hui, Hong Kong Election Reform: Will It Happen? – Analysis, Eurasia Review
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Published on May 4, 2015
Author:          Filed under: Developments