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

Egypt’s Amended Judicial Authority Laws

The Arab Association of Constitutional Law’s Judiciary Working Group has been engaging in a debate on the recent changes to the judiciary in Egypt. The substance of that discussion has been summarized and translated below. The main submissions came from Tarek Abdel Aal (Advocate before the Court of Cassation) and Ahmed Sisi (Counsellor at the Majles al-Dawla, or State Council).  

Introduction

On 26 April 2017, Egypt’s House of Representatives approved, by a twothirds majority vote of members, amendments to the Judicial Authority Law. The Parliament’s approval came in a general session, when MPs were suddenly asked to include the bill in the session’s agenda and vote on it, a few hours after the Legislative Committee referred the law to the general session. Uncharacteristically, the vote was held without any prior debate on the observations made earlier by the State Council on the bill, or consideration of why the Legislative Department of the State Council had rejected the bill on the grounds of unconstitutionality. The parliament is under no obligation to take into consideration the State Council’s opinion on these issues, though it typically does.

The law was promulgated the next day, on 27 April 2017, as Law No. 13 of 2017. It amended the laws of the judicial bodies (the Administrative Prosecution Authority, the State Lawsuits Authority, the Court of Cassation and the State Council). The amendments are considered by many to be a flagrant intervention in the justice sector by the executive authority, largely undermining the independence of the judiciary and the separation of powers. The amendments are viewed by some as a punishment directed at Judge Dakroury, who gave the verdict confirming Egyptian sovereignty over Tiran and Sanafir islands, by depriving him of the State Council Chairmanship.

The Amendments

The amendments address the system of appointing the heads of four judicial institutions by changing the relevant articles in their governing laws in a similar way.

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Published on May 24, 2017
Author:          Filed under: Developments
 

Conference Report–Imposed Constitutions: Aspects of Imposed Constitutionalism–University of Nicosia, Cyprus

Yota NegishiWaseda University; Research Fellow of the Japan Society for the Promotion of Science

On 5-6 May 2017, the School of Law of the University of Nicosia hosted the international Conference Imposed Constitutions: Aspects of Imposed Constitutionalism, in collaboration with the Research Group on Constitution-Making and Constitutional Change of the International Association of Constitutional Law (IACL), and the Centre for European Constitutional Law – Themistocles and Dimitris Tsatsos Foundation. In the Opening Ceremony, Demetris Syllouris (President, House of Representatives) and Achilles Emilianides (Dean, University of Nicosia) introduced the history of the Constitution of the host country Cyprus, which is an emblematic example of what is defined as externally imposed constitution. Subsequently, Xenophon Contiades (President, Centre for European Constitutional Law, Convenor) explained the Conference’s aim to discuss a multitude of theoretical and practical problems of “imposed” constitutionalism from the perspective of comparative constitutional law.

The first session was titled Imposed Constitutions Theory Revisited, chaired by Professor Xenophon Contiades and Alkmene Fotiadou (Centre for European Constitutional Law).

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Published on May 23, 2017
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What’s New in Public Law

–Nausica Palazzo, Ph.D. researcher in Comparative Constitutional Law, University of Trento

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. The Constitutional Court of Colombia invalidated two clauses of the legislative act meant to fast-track the approval of the peace deal with FARC rebels.
  2. The Supreme Court of Brazil authorized the launch of a corruption probe into President Temer.
  3. The Constitutional Court of Moldova held unconstitutional the ban on issuing civil status documents, IDs, and driving licenses to debtors.
  4. The Supreme Court of India decided to defer decision in the Shayara Bano case on Muslim instant divorce.
  5. The German Constitutional Court found unconstitutional higher taxation of certain harmful share transfers.

In the News

  1. The European Commission (re)enters talks with Poland concerning the overhaul of the Constitutional Tribunal, under the rule of law framework.
  2. President Trump expands of the policy to freeze foreign aid to NGOs offering or advocating abortion.
  3. Georgia’s opposition parties demand a popular referendum on the constitutional reform.
  4. The UK will not leave the ECHR, according to the Conservative Party Manifesto.
  5. The Court of Cassation in Italy upheld a fine for carrying kirpan, a knife considered sacred among Sikhs, in public.
  6. The Eurogroup will be briefed about Greece reforms, to greenlight the next disbursement of financial assistance by ESM.
  7. The leader of the pro-reform camp Rouhani wins Iran’s presidential elections.

New Scholarship

  1. Mark Tushnet (Ed.), Comparative Constitutional Law (2017) (providing access to some of the most influential writings in comparative constitutional law dating from 1987 to 2015)
  2. Bui Ngoc Son, Constitutional Mobilisation in China, International Journal of Law in Context (2017) (analyzing recent constitutional mobilisation in China, embodied in the “weiquan” right defense movement, Charter 08 and the 2013 constitutionalism debate)
  3. Gábor Attila Tóth, The Authoritarian’s New Clothes: Tendencies Away from Constitutional Democracy, The Foundation for Law, Justice and Society (2017) (identifying features of authoritarianism to distinguish it from weaker forms of democracy)
  4. Stijn Smet, Resolving Conflicts between Human Rights: The Judge’s Dilemma (2017) (proposing a novel framework for judicial resolution of human rights conflicts)
  5. Giselle Corradi, Eva Brems, Mark Goodale (Eds.), Human Rights Encounter Legal Pluralism Normative and Empirical Approaches (2017) (analyzing the interplay between legal pluralism and human rights, by drawing on experiences from Europe, Latin-America and Sub-Saharan Africa)
  6. Rivka Weill, On the Nexus of Eternity Clauses, Proportional Representation, and Banned Political Parties, Election Law Journal (2017 forthcoming) (describing the empirical nexus between proportional representation and bans on extremist political parties, or absolutely entrenched values)
  7. Hans-Martien ten Napel, Constitutionalism, Democracy and Religious Freedom. To Be Fully Human (2017) (demonstrating why a more classical understanding of the idea of a liberal democracy can allow for greater respect of the right to freedom of religion and belief)
  8. D. Theodore Rave, Institutional Competence in Fiduciary Government, in Andrew S. Gold & D. Gordon Smith (Eds.), Research Handbook on Fiduciary Law (2017 forthcoming) (addressing the competence of courts in policing the relationship between elected officials and the electorate, and the applicability of private fiduciary law principles)
  9. Alberto Alemanno and Laurent Pech, Thinking justice outside the docket: A critical assessment of the reform of the EU’S court system, 54 Common Market Law Review (2017) (providing a critical assessment of the structural reforms to the European judicial system in 2015)

Calls for Papers and Announcements

  1. The American Society of International Law invites papers for its 2017 Research Forum, to be held October 27-28, 2017, at the Washington University School of Law in St. Louis.
  2. The Oxford University Press launched the Max Planck Encyclopedia of Comparative Constitutional Law, covering a wide range of constitutional law topics in comparative perspective.
  3. Paper submissions are invited for the Third Annual Illinois-Bologna conference on “Constitutional History: Comparative Perspectives.” The conference is sponsored by University of Illinois College of Law, University of Bologna School of Law, Center for Constitutional Studies and Democratic Development, and will be held on November 13 and 14, 2017 in Bologna, Italy.
  4. The University of Ottawa Faculty of Law invites submissions for its Second Annual Food Law & Policy Conference, to be held in Ottawa on November 2-4, 2017. Abstracts should be sent by June 9, 2017. Comparative analyses are welcome.
  5. The Joint Council on Constitutional Justice (JCCJ) held its annual meeting at the German Federal Constitutional Court on May 18-19. The introductory remarks of the president of the Court are available here.
  6. The Sant’Anna School for Advanced Studies hosts a symposium on “The Constitution of Canada: History, Evolution, Influence and Reform,” on May 24, 2017 , on the occasion of the 150th Anniversary of the Confederation.
  7. The Sant’Anna School for Advanced Studies hosts a seminar on “Current Perspectives on Belgian Federalism,” on May 25, 2017 in Pisa, Italy.
  8. The Sant’Anna School for Advanced Studies organizes a seminar on “Self-Rule and Shared Rule – A ‘Global Theory of Federalism’ Revisited,” on May 22, in Pisa.
  9. The Sant’Anna School for Advanced Studies hosts a seminar on “Crisi dell’Europa e istanze territoriali: l’apporto della comparazione,” on May 23, 2017 in Pisa.

Elsewhere Online

  1. Yasuo Hasebe, The end of Japan’s pacifist constitution? Against welcoming an unknown angel, ConstitutionNet
  2. Colin PA Jones, Testing time for the Constitution at 70, The Japan Times
  3. Liz Curran, Freedom of Speech or Enabling a Right to Insult? The Australian Debate over Section 18C of the Racial Discrimination Act 1975, OxHRH Blog
  4. Diane Desierto, China’s ‘One Belt, One Road’ Initiative: Can A Bilaterally-Negotiated ‘Globalization 2.0’ Internalize Human Rights, Labor, and Environmental Standards?, EJIL:Talks!
  5. Paul Kalinichenko, A Principle of Direct Effect: The Eurasian Economic Union’s Court pushes for more Integration, Verfassungsblog
  6. Jeff Hirsch, Does USERRA Validly Abrogate State Sovereign Immunity?, Workplace Prof Blog
  7. Laura Sjoberg, On Transgender People and the Military, Harvard Civil Rights-Civil Liberties Law Review
  8. Anastasia Karatzia, New Developments in the context of the European Citizens’ Initiative: General Court rules on ‘Stop TTIP’, EU Law Analysis
  9. Richard Giragosian, A Pyrrhic victory in Yerevan? Understanding Armenia’s one party dominance, EUROPP
  10. Carwyn Jones, Analysis: Proprietors of Wakatū and Others v Attorney-General [NZSC], Blog of the IACL, AIDC
  11. Namita Bhandare, Why is triple talaq more important than nikaah halala and polygamy?, Hindustan Times
  12. George Williams, We desperately need a genuine plan for federal reform, The Sydney Morning Herald
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Published on May 22, 2017
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Be Careful What You Wish For – A Short Comment on “Mandatory Voting as a Tool to Combat the New Populism”

–Ursus Eijkelenberg, International Institute for the Sociology of Law

In a recent piece on ICONnect, the question was raised whether mandatory voting could be a potential “silver bullet” to dethrone autocratic populists. According to the authors, “new populist forces would face electoral defeat if the large number of generally disillusioned but politically fatigued and inactive voters were obliged to enter the polls.” In this comment, I will raise doubts about the effectiveness of this “tool” in combating the new populism.

A contradictory feature of Hungarian and Polish politics lies in the fact that despite a significant proportion of the population being in a state of political apathy and disinterest in public affairs, the society is nonetheless highly politicized and divided.

Although seemingly peripheral to the main argument, the above statement from the recent piece leads to an assessment of the proposed measure in two ways.

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Published on May 20, 2017
Author:          Filed under: Analysis
 

Book Review: Francisca Pou Giménez on Rebecca J. Cook, Joanna Erdman and Bernard M. Dickens’s “Abortion Law in Transnational Perspective: Cases and Controversies”

[Editor’s Note: In this installment of I•CONnect’s Book Review Series, Francisca Pou Giménez reviews Rebecca J. Cook, Joanna Erdman and Bernard M. Dickens’s Abortion Law in Transnational Perspective: Cases and Controversies (University of Pennsylvania Press, 2014).]

Francisca Pou Giménez, Instituto Tecnológico Autónomo de México (ITAM)

This is an edited book, and an especially mature species of the genre, providing an encompassing analysis of abortion developments in the combination of spaces and jurisdictions we associate to the idea of the “transnational sphere.” The editors’ long experience in the field and their pluralistic sensitivities are everywhere detectable: in the choice of contributors and the countries they cover, in the range of understandings of law they engage–which prompt a serious focus on symbolic effects or on implementation matters–or in the way the collection succeeds at illustrating the wealth of interactions among rules, ideas, values, power and social action that scholarship as a distinctive endeavor is set to reveal. But in my view, as I will emphasize below, this is as much a book on abortion as it is a privileged balcony from where to watch contemporary constitutional engagement at work, and can be read with equal profit under any of those two interpretive keys.

The book has four parts, preceded by an introduction.

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Published on May 17, 2017
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What’s New in Public Law

Maja Sahadžić, Ph.D. Researcher (University of Antwerp)

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. The Court of Appeal of Sri Lanka upheld a judgment that disqualifies an MP due to dual citizenship.  
  2. The Spanish Constitutional Court partially suspended the Catalan law on non-binding referenda, approved in 2010.
  3. The South African Constitutional Court hears Gijima and State Information Technology Agency (Sita) case to set aside a multimillion rand deal awarded to the private company.  
  4. The Supreme Court of India reviews whether instant Islamic divorce is constitutional.
  5. The Constitutional Court of Egypt ruled that women who take extended unpaid maternity leave should receive full annual pay increases.
  6. The South African Constitutional Court ruled that a domestic worker can upgrade her quarters at her own expense even against the property owner’s wishes.

In the News

  1. The European Court of Justice upheld a non-binding decision that Uber is a transportation company and not an information service.
  2. The Connecticut governor signed into a law a measure to ban gay conversion therapy.
  3. The Health Minister of Ireland called for a repeal of the country’s blasphemy laws.
  4. The High Court of India upheld a sentence to a high court judge for contempt.
  5. Bangladesh starts discussions on amending Constitution.
  6. The US House of Representatives passed legislation to replace the Affordable Care Act.
  7. Wikipedia appealed to the Turkish Constitutional Court to have a government decision to block access to its website lifted.
  8. Jakarta’s Christian governor was sentenced to two years in prison for blasphemy.
  9. The Chamber of Deputies of the Romanian Parliament changed the constitutional definition of family.
  10. Samoa proposed a constitutional amendment to declare itself a Christian state.
  11. The US District Court of Northern California approved the Volkswagen emission settlement.

New Scholarship

  1. Xenophon Contiades and Alkmene Fotiadou (eds.), Participatory constitutional change, The people as amenders of the constitution (2017) (exploring the recent trend of enhancing the role of the people in constitutional change)
  2. Liav Orgad, The cultural defense of nations, A liberal theory of majority rights (2017) (exploring the cultural rights of the majority and the policies that claim to protect them)
  3. Nicholas Aroney and John Kincaid, Courts in federal countries: federalists or unitarists? (2017) (examining centralizing and decentralizing trends in the case law of high courts in 13 federal or quasi-federal jurisdictions)
  4. Mark Elliot, The Supreme Court’s judgment in Miller: In search of constitutional principle (2017 forthcoming) Cambridge Law Journal (examining the majority’s judgement restrictive approach in Miller vs. Secretary of State for exiting the European Union)
  5. Paolo Passaglia (ed.), The 2016 Italian Constitutional Referendum: Origins, Stakes, Outcome (2017) The Italian Journal Special Issue (analyzing the 2016 Italian constitutional referendum)
  6. Se-shauna Wheatle, Principled Reasoning in Human Rights Adjudication (2017) (offering a thematic analysis of the use of the implied constitutional principles of the rule of law and separation of powers in human rights cases in Australia, Canada, the Commonwealth Caribbean, and the United Kingdom)
  7. Donald C. Brockett, The Tyrannical Rule of the U.S. Supreme Court (2017) (analyzing dissenting opinions of the Supreme Court justices and their impact on civil liberties)

Call for Papers and Announcements

  1. The Porto Faculty of Law, Universidade Católica Portuguesa invites applications for the conference “Constitutionalism in a Plural World” to be held on 22-23 November 2017. The submission deadline is July 15 2017.
  2. The Government and Law Research Group of the University of Antwerp organizes 7th annual doctoral conference on “Hybrid Forms of Governance: Moving Beyond Traditional Public Law” in Antwerp, on 17 May 2017.
  3. Melbourne Law School invites submissions for the “Third Biennial Public Law Conference” on 11-13 July 2018 in Melbourne. The deadline for a submission of abstracts is 25 August 2017.
  4. IACFS invites submissions for the Ronald L. Watts Young Scholar Award for the best unpublished article or paper on an aspect of federalism. The submission deadline is 30 June 2017.
  5. The Institute for Comparative Federalism welcomes applications from scholars and practitioners who study and work in the fields of federalism, regionalism and intergovernmental relations for the yearly Federal Scholar in Residence Program. The submission deadline is 1 July 2017.
  6. Eötvös Loránd University Faculty of Law organizes the conference “Reloading the Tale of Emperor’s New Clothes – Statehood and Sovereignty in the 21st Century” in Budapest, on 31 May 2017.
  7. Loyola University Chicago School of Law invites abstracts for its annual Constitutional Law Colloquium on 3-4 November 2017 in Chicago. The submission deadline is 20 June 2017.

Elsewhere Online

  1. Brian Christopher Jones, Should Hong Kong’s Basic Law be scrapped and a new constitution negotiated?, South China Morning Post
  2. Michael Keating, Multidimensional competition: the new game in British politics, The UK in a Changing Europe
  3. Andrew Knapp, How would Emmanuel Macron govern without a parliamentary majority?, The Constitution Unit
  4. Carlos Arturo Villagrán Sandoval, Does Latin America need a ‘Supra-Constitutional’ court? Lessons from the Central American experience, Constitution Making & Constitutional Change
  5. Greg Barns, Australia’s Forcible Deportations of Unwell Asylum Seekers: Legal Obligations, Jurist
  6. Mark Elliot, The “bedroom tax”, Convention rights and secondary legislation, Public Law for Everyone
  7. Conor Crummey, The Duty to Protect the Irish Language and the Use of Declaratory Relief in Northern Ireland, UK Constitutional Law Association
  8. Marcin Matczak, Why the Announced Constitutional Referendum in Poland is not a Constitutional Referendum after all, Verfassungsblog 
  9. Tunku Zain Al-Abidin, Hooray for the judiciary, Borneo Post Online
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Published on May 15, 2017
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Constitutional Amendments in Georgia: Towards Parliamentarism

Malkhaz Nakashidze, Fulbright Visiting Scholar, Boston College Law School; Assocoate Professor, Batumi Shota Rustaveli State University School of Law

On December 15, 2016, the Parliament of Georgia created the State Constitutional Commission.[1] The aim of the Commission was to elaborate the Draft law on revision of the Constitution of Georgia in the interest of the long-term democratic development of the country.[2] On April 22, 2017, the Commission adopted the Draft of Revision of the Constitution.[3] In this post, I review some of the main features of the Draft, both its content and the process that led to its writing.

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Published on May 12, 2017
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Democratic Decay in ‘Keystone’ Democracies: The Real Threat to Global Constitutionalism? (I-CONnect Column)

Tom Gerald Daly, Fellow, Melbourne Law School; Associate Director, Edinburgh Centre for Constitutional Law

[Editor’s note: This is one of our biweekly I-CONnect columns. Columns, while scholarly in accordance with the tone of the blog and about the same length as a normal blog post, are a bit more “op-ed” in nature than standard posts. For more information about our four columnists for 2017, see here.]

In their latest Global Constitutionalism editorial Mattias Kumm, Jonathan Havercroft, Jeffrey Dunoff and Antje Wiener consider the decay, even the end, of ‘the West’–“a relatively cohesive geopolitical configuration anchoring a normative model of global order in which commitments to human rights, democracy and the rule of law are central.”[1] However, they argue that this would not necessarily mean the end of global constitutionalism, pointing to the fuzzy identity of ‘the West’ itself, the ambivalent and non-linear relationship between the West and constitutionalism, the potential for non-Western states (including undemocratic states such as China) to step into the vacuum left by Western powers retreating from the international order, the deeply embedded principles of constitutionalism in structures and practices globally, and the lack of a coherent single alternative ideology to supplant it.

In terms of this column’s preoccupation with democratic decay–defined as the incremental degradation of the structures and substance of liberal constitutional democracy–we could, then, bemoan democratic decay in the West but console ourselves that the spirit of liberal constitutional democracy will live on, and evolve, outside of its traditional Western redoubts, providing sustenance for the endurance of global constitutionalism more broadly as a dominant register for articulating and organising a variety of multi-lateral and multi-level political relationships. The sticking point is that we are not seeing democratic decay solely in the West: it is a global phenomenon.

Which brings us to a pressing question: does decay in some democracies matter more than others, and would significant decay in a small number of key democracies worldwide spell the end of global constitutionalism? Conservation biologists speak of ‘keystone species’: a species so disproportionately important to its ecosystem that its disappearance can remodel the entire system, set in train a negative ‘domino effect’ for the other species in the system (leading to widespread extinction at its extreme), or open a space for new invasive species.[2] In the context of the global democratic ecosystem, which has supported (and been supported by) the emergence of global constitutionalism, do some states count as ‘keystone democracies’ whose removal could profoundly undermine the system as a whole? This is not mere conjecture: recent research, for instance, has shown that a regional political context supportive of democracy, reflected in the presence of other democracies in the region, is a strong factor in the sustainability of each individual domestic democratic system in the region. The converse is also true: authoritarian regimes perceived as successful breed imitators.[3]

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Published on May 10, 2017
Author:          Filed under: Analysis
 

Symposium on “The Constitution of Canada: History, Evolution, Influence and Reform” in Pisa, Italy

Richard Albert, Boston College Law School

Giuseppe Martinico (Sant’Anna), Antonia Baraggia (Milan), Cristina Fasone (LUISS) and I are convening a symposium on “The Constitution of Canada: History, Evolution, Influence and Reform” at the Scuola Superiore Sant’Anna in Pisa, Italy on Wednesday, May 24, 2017.

The symposium, held in memory of Alessandro Pizzorusso, will gather scholars to mark the Sesquicentennial of Confederation.

The program is copied below. All are invited to attend.

Questions may be directed to Giuseppe Martinico by email at stalsworkshop2016@gmail.com.

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Published on May 9, 2017
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What’s New in Public Law

Vicente F. Benítez R., Constitutional Law Professor, Universidad de La Sabana (Colombia) and LL.M. student at NYU

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. The Colombian Constitutional Court held that the Atrato River possesses rights, and ordered the Government to take measures to avoid its destruction by illegal mining.
  2. The Romanian Constitutional Court upheld a statute that prohibits people with criminal records to be Government members.
  3. The Constitutional Court of Kuwait rejected a claim that challenged the validity of the November 2016 parliamentary elections. The Court accepted only one petition out of 52, replacing one MP.
  4. The Indian Supreme Court hears a challenge to biometric authentication system.
  5. The Indian Supreme Court upheld death sentences for four men who fatally raped a woman in 2012.  
  6. The South African Constitutional Court holds a hearing on the conditions for a vote of no confidence against the President, concerning to the use of a secret ballot.
  7. The Constitutional Court of Moldova partially struck down a provision that allowed the Government and Parliament to annually adjust the judiciary’s salaries on a discretionary basis.
  8. The Constitutional Court of Moldova ruled unconstitutional the Russian military occupation of its territory, in the interpretation of Article 11 of the Constitution (Application 37b/2014) on permanent neutrality of Moldova.
  9. The Supreme Court of Nepal reinstated Chief Justice Sushila Karki.
  10. The U.S. Supreme Court ruled that Miami can sue to banks over predatory loans.

In the News

  1. The President of Venezuela Nicolás Maduro issued a decree calling for a constituent assembly to enact a new constitution, in the wake of the daily demonstrations against his regime.
  2. The National Assembly of Zimbabwe is to discuss an amendment proposal that would establish a presidential power to appoint the Supreme Court’s Chief Justice without the intervention of the Judicial Service Commission.
  3. The President of Poland Andrzej Duda called for a referendum, arguing that the people have the right to update and decide their constitutional arrangements.
  4. A prominent Thai human rights lawyer was criminally charged for allegedly insulting members of the royal family.
  5. The U.S. President Donald Trump signed an executive order to allow churches more opportunity to engage in politics.
  6. The Network of the Presidents of the Supreme Judicial Courts of the European Union issued a statement on Polish authorities’ interferences with the judiciary.
  7. Puerto Rico filed for bankruptcy protection under Article 3 of PROMESA, a special law passed to handle its significant debt.
  8. Georgian Parliament passed draft amendments to the Constitution.

New Scholarship

  1. Larry Catá Backer, The Crisis of Secular Liberalism and the Constitutional State in Comparative Perspective: Religion, Rule of Law, and Democratic Organization of Religion Privileging States, Cornell International Law Journal (2015) (discussing the “return” of religion to the public sphere in a comparative perspective)
  2. Rosalind Dixon & David Landau, Tiered Constitutional Design, George Washington Law Review (forthcoming); FSU College of Law, Public Law Research Paper No. 839 (2017) (exploring a “tiered constitutional design” model, and the ways in which it could help combat anti-democratic tendencies in contemporary constitutionalism)
  3. Oran Doyle & David Kenny, Constitutional Change and Interest Group Politics: Ireland’s Children’s Rights Referendum, in Richard Albert, Xenophon Contiades and Alkmene Fotiadou (eds.), The Foundations and Traditions of Constitutional Amendment (2017) (scrutinizing a case of formal constitutional change to judicial doctrine, and the problems of public understanding involved)
  4. Julio Ríos-Figueroa & Paloma Aguilar, Justice Institutions in Autocracies, Democratization (2017) (discussing the role of justice institutions in autocracies, and offering a theoretical framework to analyse their function)
  5. Tracy Robinson & Arif Bulkan, Constitutional Comparisons by a Supranational Court in Flux: The Privy Council and Caribbean Bills of Rights, The Modern Law Review (2017) (examining how the Judicial Committee of the Privy Council makes comparisons to solve idiosyncratic questions that arise across multiple constitutions within its jurisdiction, and particularly the opening section of the Caribbean constitutional bills of rights)
  6. Joshua Segev, The (unified?) Fiduciary Theory of Judging: Hedgehogs, Foxes and Chameleons, Faulkner Law Review (2017) (offering an account of the judge-as-fiduciary model in Anglo-American constitutional tradition)
  7. Silvia Suteu, Eternity clauses in post-conflict and post-authoritarian constitution-making: Promise and limits, Global Constitutionalism (2017) (reflecting on the challenges and opportunities for eternity clauses in transitional regime constitution-making)

Calls for Papers and Announcements

  1. The Institute for Comparative Federalism of Eurac Research in Bolzano-Bozen (South Tyrol, Italy) invites interested scholars to apply for the Federal Scholar in Residence Program that aims to enhance the comparative study of federalism and regionalism. The deadline for applications is July 1, 2017.
  2. The INTRAlaw (INternational and TRAnsnational tendencies in LAW) Research Centre invites submissions for its forthcoming conference on “Law in transition – Interacting legal orders and changing actors,” to be held on September 28-29, 2017, in Aarhus, Denmark. The deadline for proposals is June 1, 2017.
  3. The University of Milan, in association with the Associazione Italiana di Diritto Comparato (AIDC), the Diritto Pubblico Comparato ed Europeo Association, and the Younger Comparativists Committee (YCC) convenes a conference on “The Separation of Powers: A Global Constitutional Dialogue,” which will take place on May 22, 2017.  
  4. The University of Melbourne and the University of Cambridge organizes a conference on “The frontiers of Public Law” that will take place from 11-13 July, 2018. The deadline for submissions is August 25, 2017.   
  5. The Younger Comparativists Committee of the American Society of Comparative Law (YCC) welcomes submissions to fill a panel on “New Perspectives in Comparative Law” to be held at the Society’s 2017 Annual Meeting in Washington D.C., on October 26-28, 2017. The deadline for submissions is June 26, 2017.
  6. Cornell Law School accepts papers for its “Annual Conference on Empirical Legal Studies” to be held on October 13-14, 2017. The submission deadline is June 23, 2017.

Elsewhere Online

  1. Richard Albert, Haiti should relinquish its sovereignty, The Boston Globe
  2. David Cameron, Beneath the Macron landslide, a disenchanted and divided France, Yale MacMillan Center
  3. Sanford Levinson, The further decay of our constitutional order: Reflections on the passage of Trumpcare, Balkinization
  4. Tomasz Tadeusz Koncewicz, Living at Times of Politics of Resentment: Of Unconstitutional Capture, Hope for Constitutional Fidelity and Challenge of “Doing Europe”, Hungarian Europe Society Blog
  5. Gábor Halmai, Much Ado About Nothing? Legal and Political Schooling for the Hungarian Government, Verfassungsblog
  6. Bal Kama, Christianising Samoa’s constitution and religious freedom in the Pacific, Devpolicy Blog
  7. Marina Aksenova, Achieving Justice Through Restorative Means in Colombia: New Developments in Implementing the Peace Deal, EJIL: Talk!
  8. Dan Westbury, Clive Palmer and the bankruptcy ‘Star Chamber’? The granting of powers of inquiry to courts under Ch III of the Constitution, AUSPUBLAW
  9. Ito Peng, Two East Asian Approaches to Care, OxHR
  10. Pierre de Vos, Why it is unlikely the court will review and set aside the cabinet reshuffle, Constitutionally Speaking
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Published on May 8, 2017
Author:          Filed under: Developments