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I·CONnect

Blog of the International Journal of Constitutional Law

What’s New in Public Law


–Irina Criveț, PhD Candidate Public Law, Koç University


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 iconnecteditors@gmail.com.

Developments in Constitutional Courts

  1. Berlin’s highest court invalidated the 26th September 2021 state poll because of a series of errors that were relevant to election mandates.
  2. A coalition of Ugandan rights groups and lawyers lodged a petition at the Constitutional Court challenging the controversial new internet law.
  3. Taiwan’s Constitutional Court will decide whether an article from the Civil Code stating that a husband or wife may petition for divorce upon the occurrence of an event that renders it difficult to maintain the marriage, limits the circumstances in which couples can file for divorce, thus, violating the Constitution’s protection of individual freedoms.
  4. South Africa’s Constitutional Court will rule on the new strict driving rules.
  5. Supreme Court of India upheld the provision of reservation for the Economically Weaker Sections among the upper castes in education and employment in a majority decision.

In the News

  1. Dutch judges convicted two Russians and one Ukrainian in absentia of murder for their role in the shooting down the Flight MH17 over Ukraine in 2014 when 298 lives were lost. Kyiv and Kuala Lumpur welcomed the ruling, while Moscow said it would not extradite its citizens.
  2. In the aftermath of judge Mato Tadić retirement, the Federation of Bosnia and Herzegovina members will elect a judge to the Constitutional Court of Bosnia and Herzegovina.
  3. A federal judge in Texas struck down President Joe Biden’s student loan forgiveness prompting the Department of Education to stop accepting applications for debt relief.
  4. More than 100 people have been sleeping outside South Africa Constitutional Court in Johannesburg, demanding reparations for crimes against them during apartheid.
  5. Malaysians will elect, on the 19th of November 2022, the country’s 15th parliament and minister for the next five years.
  6. Nepal will hold general elections on 20 November 2022, with 18 million voters heading to the polls to elect 275 House of Representatives and 550 Provincial Assembly members.

New Scholarship

  1. Daniel McDonald (2022) Making the “Citizen Constitution”: Popular Participation in the Brazilian Transition to Democracy, 1985-1988, The Americas (2022) (examines popular participation in the making of Brazil’s 1988 post-authoritarian “Citizen Constitution” and the way everyday people meaningfully shaped the constitutional restorations in late twentieth-century Latin America)
  2. Aloy Ojilere (2022) Discrimination on Grounds of Sexual Orientation and Gender Identity: The Limits of Human Rights in Africa, Journal of Homosexuality (explores the African approach to the right to sexual orientation and gender identity and LGBTIQ rights, including homosexuality and same-sex marriage and it argues that “despite the threat of homocapitalism, prevalent Afrocentrism and religions reject these form of “new rights” for being immoral, ungodly, unnatural and un-African, thereby underlining the limits of human rights in the sub-region.”)
  3. Josh Cowls, Philipp Darius, and Moritz Schramm (2022) Constitutional metaphors: Facebook’s “supreme court” and the Legitimation of Platform Governance, Space and Culture (analyses rhetorical devices that have been used to simplify the complexities associated with the governance of online platforms, including  “constitutional metaphors” and exposes the threats to platform governance)
  4. M. Mohsin Alam Bhat (2022) ‘The Irregular’ and the Unmaking of Minority Citizenship: The Rules of Law in Majoritarian India, Queen Mary Law Research Paper No. 395/2022 (focuses on the ascendance of the Hindu majoritarian state, its relationship with the law and proposed a “novel interpretive framework to capture practices of ethnicization of law, ethnonationalist legitimisation through intense political mobilisation, and the production of subordinated minority citizenship without formal incorporation of graded citizenship.”)
  5. J. Aaron Saiger (2022) Derailing the Deference Lockstep, Boston University Law Review (argues for a more fruitful judicial relationship between the state courts and federal agencies)
  6. Francisco de Abreu Duarte and Francesca Palmiotto Ettorre (eds) (2022) Sovereignty, Technology and Governance after COVID-19 Legal Challenges in a Post-Pandemic Europe, Bloomsbury Publishing (explores how the European states have responded to the sovereign, technological and governance challenges occurred during the COVID-19 crisis and its future implications)

Calls for Papers and Announcements

  1. The King’s Student Law Review, based at the Dickson Poon School of Law, King’s College London, seeks to publish contributions written by law PhD students and Early Career Researchers. The deadline for submission is Sunday, 11 December 2022.
  2. The University of Michigan Law School invites junior scholars to attend “the 9th Annual Junior Scholars Conference”, which will take place in person on 21- 22 April 2023 in Ann Arbor, Michigan. The conference is intended for academics in both law and related disciplines. Applications from graduate students, SJD/PhD candidates, postdoctoral researchers, lecturers, teaching fellows, and assistant professors (pre-tenure) who have not held an academic position for more than four years, are welcome. Applications are due by 9 January 2023.
  3. The African Disability Rights Yearbook (ADRY) calls for papers for publication in Section A of the ADRY in 2023 doctrinal articles not exceeding 10000 words, including footnotes and references, in compliance with the Pretoria University Law Press guidelines. The deadline for submission is 30 April 2023.
  4. The UNSW Gilbert + Tobin Centre of Public Law and ICON-S Australia-New Zealand invites scholars to attend the “Responsive Judicial Review? A Global Judicial Dialogue” hybrid seminar that will take place from 1:00-2:30 (AEDT) on Monday, 12 December, 2022. The hybrid event will feature Professor Rosalind Dixon in conversation with Justice Stephen Gageler (High Court of Australia), Justice Dhananjaya Y Chandrachud (Chief Justice of India), Justice Luís Roberto Barroso (Supreme Court of Brazil) and former Justice Manuel Cepeda (Constitutional Court of Colombia), about her forthcoming book “Responsive Judicial Review: Democracy and Dysfunction in the Modern Age” and will be chaired by Professor Lisa Burton-Crawford.
  5. The African Journal of Privacy and Data Protection of the Faculty of Law, University of Lagos Akoka-Lagos, Nigeria, with Pretoria University Law Press, South Africa, calls for papers focused on privacy and data protection issues in Africa and African countries. The authors interested in submitting a paper to the journal should submit an abstract of 500 words by 31 December 2022.
  6. Georgetown University Law Center, Stanford Law School, UCLA School of Law, the University of Pennsylvania, and the University of Southern California Center for Law, History, and Culture invite submissions for the 22nd meeting of the Law and Humanities Interdisciplinary Workshop, to be held at Georgetown Law Center, Washington, DC, on 24-25 May 2023. Deadline for submissions is 15 December 2022.
  7. The Global Constitutionalism Study Group and the Institute of Comparative Law, Waseda University invites all scholars with global perspectives, of international law, constitutional law, and international relations throughout the world to apply for participation in the Conference on Global Crisis and Global Legal Orders:“What should we now discuss for the Future of Global Legal Ordering?” (hybrid format), that will take place on 1-2 March 2023, Tokyo, Japan. Deadline for abstract submission is 30 November 2022 (to waseda-conference@list.waseda.jp)
  8. Professor Dr Ajla Škrbić (Freie Universität Berlin), with the support of Alexander von Humboldt Foundation, organises a two-day workshop on the topic “Combating Conflict-Related Sexual Violence – Comparative Insights on International and National Capacities” that will take place on 12-13 May 2023. The two-day workshop aims to bring together scholars and practitioners working on conflict-related sexual violence from different disciplinary perspectives, especially with a focus on gender. The deadline for submission of abstracts is 1 January 2023.
  9. The Working Group of Young Scholars in Public International Law (Arbeitskreis junger Völkerrechtswissenschaftler*innen – AjV) and the German Society of International Law (Deutsche Gesellschaft für Internationales Recht – DGIR) are pleased to invite PhD students and early career researchers to submit abstracts for their joint conference on “Progress and International Law” which will be held on 22-23 September 2023 at the University of Cologne. The keynote will be held by Judge of the ICJ Professor Hilary Charlesworth. The deadline for submission of abstracts is 16 January 2023. Selected candidates will be notified by 13 February 2023. Paper drafts must be submitted by 5 June 2023. Further queries can be addressed to info@ajv-mail.org.
  10. The University of Hong Kong invites applications for Global Academic Fellow position in the Department of Law. Interested applicants should have completed their final degrees (JD, JSD, or PhD) before the start of their appointments unless they possess significant practice experience. Applicants should apply online at the University’s careers site and upload the following 4 components: 1) an updated C.V., 2) a 3-page research agenda (including past, current and future projects), 3) a list of at least three academic references (who should be ready to submit letters if shortlisted immediately), and 4) a writing sample (under 50 pages). The call closed on 2 January 2023.
  11. The Committee on “New Directions in Scholarship” of the International Society of Public Law (ICON·S) facilitates the dissemination of works that have advanced the knowledge of Public Law and launches inclusive initiatives in public law research and methodology. Following the success of ICON·S Live, the Committee is already organizing a series of monthly virtual events dedicated to new books in public law titled “New Scholarship Showcase”.The Committee invites book proposals to be considered for the “New Scholarship Showcase” book discussion panels. We welcome books from scholars of all ranks around the world, on any topic in Public Law widely conceived especially in public international and administrative law. We are especially committed to advance diversity and inclusiveness. We particularly welcome book proposal from early-career scholars and from underrepresented groups in academia, especially people of color and women. To propose books for the committee to feature in its “New Scholarship Showcase” events, please email: iconsnewdirections@gmail.com. Proposals should include the book title, author’s name, and a short (3-5 sentence) explanation of the book’s contribution to the field. Self-nominations are welcome, as are proposals for edited volumes. The committee will consider books published in 2021 or later that are published in English or Spanish. Proposals will be considered on a rolling basis, but preference will be given to those submitted by 31 December 2022.

Elsewhere Online

  1. Kartik Kalra, Rekindling the Proportionality Test for Protective Discrimination Under Article 15(3) PART I, Indian Constitutional Law and Philosophy
  2. Jasper Krommendijk and Tijn Hendrikx, Picking Primacy over Procedural Autonomy, Verfassungsblog
  3. Devi Yusvitasari and Desi Yunitasari, Reducing Child Marriage in Indonesia: The Untapped Potential of the Marriage Law (2019), Oxford Human Rights Hub
  4. Aleksandra Jolkina, Seven Months in the Freezing Forest Why Events at the Latvian-Belarus Border Were Long Hidden From the Public, Verfassungsblog
  5. Frederick Cowell, The Three Areas of Opposition to the Human Rights Act, UK Constitutional Law Blog
  6. Hannah Ruschemeier, Nothing New in the West? The Executive Order on US Surveillance Activities and the GDPR, European Law Blog
  7. Christina Pazzanese, Biggest Loser in Midterm Election? The Supreme Court, The Harvard Gazzete
  8. Alan Whysall, Northen Ireland Dangers and Opportunities for London, The Constitution Unit
  9. Päivi Leino-Sandberg, Nature Restoration and Fundamental Rights National Budgetary Sovereignty as a Constraint to EU Legislative Competence, Verfassungsblog
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Published on November 22, 2022
Author:          Filed under: Developments
 

What’s New in Public Law


Silvio Roberto Vinceti, Adjunct Lecturer, University of Modena and Reggio Emilia


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 iconnecteditors@gmail.com.

Developments in Constitutional Courts

  1. The Supreme Court of Ireland ruled that the proposed ratification of the Comprehensive Economic and Trade Agreement between the EU and Canada as it now stands is unconstitutional.
  2. In a high-stakes case concerning an alleged “sweetheart” tax deal, the ECJ ruled that the Commission erred in identifying the applicable reference system.
  3. The ECtHR upheld the extradition of a UK citizen to the US despite the alleged risk of life imprisonment without parole.
  4. The Italian Constitutional Court returned the proceedings concerning irreducible life imprisonment’s constitutionality to the Court of Cassation.
  5. Ireland’s High Court upheld the constitutionality of the newly adopted Personal Injuries Guidelines.
  6. US Supreme Court Justice Gorsuch argued that the US Constitution’s Jury Trial Clause requires 12-person juries in serious criminal cases.

In the News

  1. the Republican Party is inching toward a House majority in the US midterm elections, while control of the Senate remains a tossup possibly to be decided in the December 6 Georgia runoff.
  2. Vermont, California, and Michigan codified the right to abortion in state constitutions, while voters in Kentucky rejected an amendment affirming that the right to abortion is not enshrined in the state constitution. Montana voters rejected the “Born Alive” ballot measure.
  3. EU Commission proposed a “stable, regular and predictable” support package to Ukraine.
  4. EU Parliament and EU Council reached an agreement on national emission reductions from transport, buildings, waste, and agriculture.
  5. Polish government requested suspension of the one million euro daily fine for failing to comply with judicial independence standards.
  6. A constitutional crisis looms over Kosovo in the wake of the resignation of Serb members of parliament, mayors, and judicial officials.

New Scholarship

  1. Caterina Milo The role of knowledge and medical involvement in the context of informed consent: a course or a blessing? (2022) (discussing issues of over-medicalization and de-medicalization in informed consent legal framework).
  2. Haukur Logi Karlsson The Emergence of the Established “By Law” Criterion for Reviewing European Judicial Appointments (2022) (discussing the role of the ECHR and CFR “establish by law” clause in safeguarding independence in judicial appointments).
  3. Yasser Kureshi Seeking Supremacy: The Pursuit of Judicial Power in Pakistan (2022) (describing Pakistan’s judiciary shift from a more deferential to more assertive and confrontational role toward military and civilian authorities).
  4. Susan Rose-Ackerman Democracy And Executive Power: Administrative Policymaking In Comparative Perspective (2022) (evaluating interactions between constitutional and administrative law in the executive rulemaking procedures in the US, UK, France, and Germany).
  5. Ewald Wiederin, Die Verfassungsgerichtsbarkeit in Österreich 1919–1939 (2022) (discussing the trajectory of constitutional review development in Austria).
  6. Danai Petropoulou Ionescu & Mariolina Eliantonio Soft Law Behind the Scenes: Transparency, Participation and the European Union’s Soft Law Making Process in the Field of Climate Change (2022) (shedding light on the soft law-making process in the context of climate change regulation).
  7. Vicente F. Benítez-Rojas Beyond Invalidation: Unorthodox Forms of Judicial Review of Constitutional Amendments and Constitution-amending Case Law in Colombia (2022) (discussing Colombia Constitutional Court’s case law on the judicial review of constitutional amendments and foreshadowing possible illiberal misuses).

Calls for Papers and Announcements

  1. University of Liverpool International Law and Human Rights Unit invites contributions to the conference “Distortion, Distillation, Disorder: International Law and Critique Twenty Years After the Invasion of Iraq” to take place at the University of Liverpool on March, 27-28, 2023. The abstract deadline is on November 18, 2022.
  2. The European Society of International Law calls for papers for its 18th Annual Conference on the theme “Is international law fair?” that will be held in hybrid form in Aix-en-Provence and online from August 31 to September 2, 2023, with pre-conference workshops on August 30-31. The deadline for abstract submission is January 31, 2023.
  3. The Race and Rights Lab of the Klau Institute for Civil and Human Rights at the University of Notre Dame invites paper proposals for a Workshop on Race and International Relations to take place at the University of Notre Dame’s Keough School of Global Affairs on March 31, 2023. The deadline for abstract submissions is December 20, 2022.
  4. invites manuscript submissions for an Open Access Supplement on “Reimagining Public Health Preparedness With Lessons From COVID-19.” Papers should be submitted before January 17, 2023.
  5. Edinburgh Law School announced the 9th edition of the annual Edinburgh Postgraduate Law Conference on the theme “Law in the 21st Century Challenges and Adaptations.” The conference will take place in a hybrid format on May 30-31, 2023, with panels online and in-person at the Edinburgh Law School. Abstracts are due by January 1, 2023.
  6. The University of Chicago Law School seeks a Law & Philosophy Fellow for the academic year 2023-24. Application is due by January 27, 2023.
  7. Jindal Global Law Review calls for expressions of interest to review titles for its upcoming issue on “Critical Constitutionalism: Power, Rights, Justice,” to be published in June 2023. Expressions of interest are due by November 20, 2022.
  8. Comparative law scholars are invited to submit a paper proposal for presentation at the Annual Comparative Law Work-in-Progress Workshop that will take place at the University of Pennsylvania Law School on January 19-21, 2023. Papers are due by November 18, 2022.
  9. The University of York and the Globalization and Law Network at Maastricht University will host an event to discuss Anu Bradford’s 2020 book “The Brussels Effect: How the European Union Rules the World.” The event will take place at the Maastricht University Campus on December 15, 2022.

Elsewhere Online

  1. Daphne Keller The EU’s new Digital Services Act and the Rest of the World Verfassungsblog
  2. Carna Pistan, Bosnia and Herzegovina: The Constitutional Court Protects the Rule of Law Against Illiberal Memory Politics IACL-AIDC Blog
  3. M. Lutfi Chakim  The Indonesian Proposal to Establish a Constitutional Supremacy Index IACL-AIDC Blog
  4. Merris Amos The place of human rights in the Constitution of the United Kingdom U.K. Constitutional Law Blog
  5. Michael C. Dorf Should District Judges Appoint Historians as Neutral Experts? The Legislative Fact Problem Dorf on Law
  6. Marco Bronckers The EU’s Inconsistent Approach towards Sustainability Treaties: Due diligence legislation v. trade policy EJIL:Talk!
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Published on November 14, 2022
Author:          Filed under: Developments
 

The Enforcement of International Human Rights Standards on Personal Liberty and the Presumption of Innocence in Mexico: When the Supreme Court Became its Own Worst Enemy

Mariana Velasco-Rivera, National University of Ireland Maynooth, School of Law and Criminology; Co-Editor, IACL Blog. Twitter: @marisconsin.

[Editor’s Note: This is one of our ICONnect columns. For more on our 2022 columnists, see here.]

In her forthcoming book, ‘Responsive Judicial Review – Democracy and Dysfunction in the Modern Age’, Rosalind Dixon puts apex courts at the front and center of the endeavor of defending and enhancing constitutional democracy. One of the central premises of Dixon’s argument is that in order to perform such a role, constitutional judges need to be strategic in crafting opinions so as to create legislative-judicial dialogue and, in the last instance, avoid democratic backlash. Recent developments in Mexico illustrate that, when it comes to creating the proper conditions for constitutional adjudication, courts have the potential to become their own worst enemy. To be able to defend and enhance constitutional democracy (in this case, guaranteeing the enforcement of international human rights standards) perhaps judges not only need to be strategic in terms of crafting decisions but also in handling communications regarding their work and how they engage with the public.  

Last September, the Mexican Supreme Court once again came into focus in the context of three high-profile cases, two in abstract review (Acción de Inconstitucionalidad 130/2019 and 136/2019) and one individual constitutional complaint (Amparo en Revisión 355/2021), that involved the possibility of doing away with a problematic landmark judgment (Contradicción de Tesis 293/2011) decided in 2013. The 2013 decision effectively undid a constitutional amendment adopted in 2011 (known as the human rights amendment) that incorporated the notion of a ‘constitutional bloc’—that is, the incorporation of international human rights treaties as part of the constitution. However, after sheer political pressure by the federal government and 19 (out of 32) governors, the Supreme Court postponed the adjudication of these cases.

Specifically, the cases concerned a question regarding the constitutionality of automatic pre-trial detention (prisión preventiva oficiosa) as provided in the national code of criminal procedure (Código Nacional de Procedimientos Penales) and the national security statute (Ley de Seguridad Nacional). Notably, automatic pre-trial detention is constitutionally entrenched. It was constitutionally codified in article 19 as part of an exception regime to the constitutional amendment that introduced the accusatory system in 2008— in theory, a progressive criminal law system that would better protect, among other things, the presumption of innocence. When it comes to the catalogue of crimes identified in article 19, judges do not consider whether pre-trial detention is necessary to ensure a defendant is brought to trial. Instead, detention is ordered automatically for the sole reason of being accused of committing a crime listed in article 19.

Automatic pre-trial detention has become one of the most (if not the most) prominent features of penal policy across presidential administrations in Mexico. To this day, 40.8%  of people in prison have not gone to trial and/or have not been convicted. The catalogue of crimes included in article 19 has been expanded since 2008. Its most recent (and largest) expansion, led by the current government, took place in 2019.

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Published on November 9, 2022
Author:          Filed under: Developments
 

What’s New in Public Law


Robert Rybski, Assistant Professor at the Faculty of Law and Administration of the University of Warsaw, Rector’s Plenipotentiary for Environment and Sustainable Development.


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 iconnecteditors@gmail.com.

Developments in Constitutional Courts

  1. Ukraine’s Constitutional Court declared a constitutional amendment abolishing parliamentary immunity as constitutional.
  2. The Constitutional Court of Latvia found unconstitutional a regulation banning persons serving prison sentences from voting in local elections.
  3. The Constitutional Court of Georgia revoked provisions penalizing the production and dissemination of pornography without placing pornography within the realms of free speech.
  4. The President of Kazakhstan signed a constitutional amendment re-establishing the Constitutional Court of Kazahstan.
  5. U.S. Supreme Court might end affirmative action.

In the News

  1. United Nations COP27 climate summit started with a delay in Egypt.
  2. On the eve of World Cup 2022 European football associations remind FIFA that “human rights are universal and apply everywhere”.
  3. UK public order bill targets climate protesters.
  4. Brazilian President asked his supporters to withdraw from road blockages after losing elections.
  5. An amendment removing Jim Crow-era language in Alabama Constitution goes to vote.
  6. Turkish President announces plans to replace the 1980 Constitution with a new one.
  7. One of the only original U.S. Constitution copies goes up for auction.

New Scholarship

  1. Kamila Rezmer-Płotka, Why Women Became the Enemy of Democracy in Poland? The Illiberal Regime’s Response to the Women’ Rights Movement, Przegląd Politologiczny 2022 No. 3 (explains the Polish government’s attitude towards women as an enemy of democracy at the institutional level during the two waves of protests. The study shows that during the period considered, restrictions specific to neo-militant democracies in the area of assembly and association, speech and press, and restrictions on religious freedom were imposed to limit the activity of protesters viewed as enemies of the democratic system.)
  2. Michael J. Gerhardt, How Impeachment Works, Missouri Law Review 2022 vol. 87 (explores how members of Congress may fulfill their oaths to do “impartial justice according to the laws and Constitution of the United States;” whether, or to what extent, presidents have abused their powers; how well the American public and media understand the stakes and issues involved in the impeachment process; and to what extent Article III courts refrain from reviewing any aspect of impeachment trials)
  3. Zhong Zhang, Ruling the Country without Law: The Insoluble Dilemma of Transforming China into a Law-Governed Country (2022), Asian Journal of Comparative Law (explores an insoluble dilemma in China where despite more than 40 years of legislation to build a ‘law-governed country’, the Communist Party of China has to rule the country extralegally to avoid legal challenges to the supremacy of its rule)
  4. Maartje De Visser, Promoting Constitutional Literacy: What Role for Courts?, German Law Journal 2022, vol. 23 (explores the role of constitutional judges in advancing constitutional literacy, understood as knowledge relating to the functioning of the constitutional order)
  5. Benjamin Nurkić, Radbruch’s Formula in the Constitution of Bosnia and Herzegovina – Untapped Potential for Strengthening the Rule of Law, Društvene i humanističke studije DHS 2022 No. 3 (explores the similarity between Radbruch’s Formula and provision VI/3(c) of the Constitution of Bosnia and Herzegovina, which regulates the possibility of initiating a concrete review of the constitutionality of laws by ordinary courts)

Calls for Papers and Announcements

  1. IACL published a statement: “Constitutional Law Scholars Condemn Violations of International and Constitutional Law as a Consequence of the Russian Invasion of Ukraine”.
  2. International Law at Westminster (ILaW) research group invites for an online launch of the book “Animals in the International Law of Armed Conflict” on 16. November 2022 (17.30 GMT). Registration is available here.
  3. The Center for International Affairs of the Faculty of Law at Ruhr-University Bochum invites applications for a research associate position for a limited period of 3 years. The deadline is 15. November 2022.
  4. The Sub-Himalayan Research Institute invites authors to contribute to its Climate Change Justice project, which will lead to an online international conference in late April 2023, followed by the publication of selected contributions as chapters of a collective book. Interested contributors are asked to send 500-1000 words abstract of their proposed paper using this form by 25. November 2022. For further information, please write to: shriclimatejustice@gmail.com
  5. The Global Constitutionalism Study Group and the Institute of Comparative Law, Waseda University invite all scholars with global perspectives of international law, constitutional law, and international relations to participate in the Conference on Global Crisis and Global Legal Orders – “What Should we Now Discuss for the Future of Global Legal Ordering?” taking place in Tokyo (with online participation) on 1-2 March 2023. Organizers await abstracts till 30. November 2022.
  6. Registration for the 2022 World Congress of Constitutional Law closes on 15. November 2022.
  7. Journal of Race, Gender, and Ethnicity invites to its virtual Annual Symposium
  8. “Democracy in Disrepair? Examining the Continued Legitimacy of the Supreme Court” on 15. March 2023. Abstracts should be 250-500 words and sent by 14. November 2022 to: tgraham3@tourolaw.edu.

Elsewhere Online

  1. Paweł Marcisz, A Chamber of Certain Liability. A Story of Latest Reforms in the Polish Supreme Court, Verfassungsblog
  2. Andre Sleiman, Unpacking the Ethno-Federalist Narrative in Lebanon: A Socio-Historic Analysis, IACL-Blog
  3. Jannani M, Regressive, Sexist, and Unconstitutional, Verfassungsblog
  4. Emilio Peluso Neder Meyer, Brazilian Presidential Elections Results: Curbing Democratic Erosion?, Verfassungsblog
  5. Philipp Leitner, Julia Zöchling, With or Without Hungary. The Rule of Law Conditionality Regulation and the Elephant in the Voting Room, Verfassungsblog
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Published on November 9, 2022
Author:          Filed under: Developments
 

There is no Comparatist Heaven of Constitutional Concepts

Bryan Dennis G. Tiojanco, Project Associate Professor, University of Tokyo, Graduate Schools for Law and Politics. Twitter: @botiojanco

[Editor’s Note: This is one of our ICONnect columns. For more on our 2022 columnists, see here.]

“An exercise in conceptual clarification.” This is how Gary Jacobsohn described his and Yaniv Roznai’s coauthored book, Constitutional Revolution.[1] For them the term “constitutional revolution is a descriptive—not a normative—concept”,[2] and so their use of it is “normatively neutral”;[3] it is not like coup d’état, a term which they say has “a negative normative connotation.”[4]

Now, I’ve learned a lot from Constitutional Revolution. That a condition of disharmony functions as an engine for constitutional change is a first-rate insight. But I disagree that constitutional revolution is a descriptive, normatively neutral term. Across the globe in the last half-century it has hardly been one.

Certainly not in the Philippines, for example. In the 1970s the dictator Ferdinand Marcos repeatedly marketed his destruction of Philippine democracy as a “revolution from the center”[5] “authorized by our Constitution”[6] while scholars of democracy studies classified it as an “executive coup”.[7] When in 1986 he was deposed after roughly a million-strong citizens peaceably stood off his tanks and soldiers, his successor President Corazon Aquino commemorated the four-day standoff annually as the “1986 Revolution”[8] while Marcos’s apologists called it a “coup d’etat” and not a “true revolution”.[9]

These tagline tussles were par for the course during that time, with American Cold Warriors like Richard Pipes arguing that “[a]lthough it is customary to speak of two Russian revolutions of 1917—one in February, the other in October—only the first deserves the name” because “October was a classic coup d’etat” and not a revolution.[10] But even nowadays, for instance in Egypt, “[t]he very language of revolution is a political choice”,[11] with staunch conservatives bending over backwards “to present a strong, reactionary regime as the fulfilment of revolutionary aspirations”.[12]

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Published on November 2, 2022
Author:          Filed under: Analysis
 

What’s New in Public Law


Maja Sahadžić, Assistant Professor and Research Fellow (University of Antwerp) and Senior Research Fellow (Law Institute in Sarajevo)


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 iconnecteditors@gmail.com.

Developments in Constitutional Courts

  1. The Constitutional Court of Colombia ruled that public land cannot be appropriated due to domain prescription.  
  2. The Constitutional Court of South Korea ruled against the annulment of existing marriages between closer cousins.
  3. The Constitutional Court of Taiwan found the process for Indigenous recognition unconstitutional.
  4. The Constitutional Court of Slovakia ruled that one of the upcoming referendum questions violates the constitution.
  5. The Constitutional Court of Thailand dissolved Thairaktham Party.
  6. The Constitutional Court of Costa Rica annulled a health order that closed Parque Viva.
  7. The Constitutional Court of Malta dismissed an appeal against repeated denial of bail.
  8. The Constitutional Court of Belgium decided that private companies can fire employees without hearing a defense.

In the News

  1. The president of Turkey proposed a referendum on the right to wear a headscarf.
  2. The Greek Council of State ruled that the university police is constitutional.
  3. Brazil’s electoral authority approved rules to curb online political disinformation.
  4. The President of the Central African Republic ordered the removal of a top judge from the Constitutional Court.
  5. The Dutch Parliament voted to establish a special tribunal for Russian crimes against Ukraine in The Hague.
  6. Pakistan ex-Prime Minister barred from office.
  7. Russian court upheld the 9-year prison sentence for WNBA star.

New Scholarship

  1. Brian Christopher Jones, Surprisingly (Un)Inspiring Judicial Decisions: Lochner, Brown, Roe and Others, Illinois Law Review Online (forthcoming 2022)(examining whether landmark judicial decisions can influence voter turnout).
  2. Joseph Marko, Maximilian Lakitsch, Franz Winter, Wolfgang Weirer, and Kerstin Wonisch, Religious Diversity, State, and Law, National, Transnational and International Challenges (2022) (revisiting basic concepts, structures and institutional settings such as sovereignty, the separation of state, church and/or religion, human and minority rights, gender and religion, varieties of fundamentalisms, interreligious dialogue and peacebuilding, and religious education).
  3. Yael R. Kaplan, Tamir Sheafer, and Shaul R. Shenhav, Do we have something in common? Understanding national identities through a metanarrative analysis 28(4) Nations and Nationalism (analyzing constitution preambles of 159 countries to assess each nation’s metanarrative and create a global identity orientation map).
  4. Justin Chun-ting Ho, Understanding Hong Kong nationalism: A topic network approach 28(4) Nations and Nationalism (drawing on data from Facebook, examining how elements of nationalism discourse were invoked by political actors to advance their agenda).
  5. Erika Arban (ed.), Cities in Federal Constitutional Theory (2022) (redressing the neglect of cities as constitutional players in theoretical discussions in constitutional law and federalism theory).
  6. Omer Kimhi, Itai Beeri, and Yaniv Reingewertz, The Political Economy of Local Governments’ Requests for Permission to Override Central Fiscal Limitations: Insights from Israel 52(4) Publius (discussing the limited use of Permission to Override mechanism and its shortcomings and drawing conclusions from the Israeli case study).

Calls for Papers and Announcements

  1. Örebro University organizes the second webinar series on the legal and political culture of the Nordic countries as the context of constitutional reasoning to be held Online. Registrations are required.
  2. U.S.-Asia Institute organizes the international conference „Toward A Human Right to Claim Innocence“ to be held Online on 2-4 November 2022. Registration is required.
  3. The Faculty of Law of the University of Zagreb, the Croatian Academy of Legal Sciences and the Croatian Association for Legal and Social Philosophy and Theory of Law and the State organize the international scientific conference and the presentation of the book „Ethnic Diversity, Plural Democracy and Human Dignity: Challenges to the European Union and Western Balkans“ to be held on 4 November 2022 in Zagreb and Online.
  4. Gilbert + Tobin Centre of Public Law at the Faculty of Law and Justice, the Australian Association of Constitutional Law, and Federation Press organize a conference on constitutional law to discuss important developments in the High Court, Federal Court and state courts to be held in Sydney and Online on 10 February 2023. Registration is required.  
  5. The Department of Legal Studies of CEU and the ESIL Interest Group on Social Sciences and International Law announce the call for papers for the Conference „The Aesthetics of International Law“ to be held in Vienna on 12-13 May 2023.
  6. The European Society of International Law organizes the annual conference „Is International Law Fair?“ to be held in Aix-en-Provence on 31 August-2 September 2023. The deadline for submissions is 31 January 2023.
  7. The new Journal of American Constitutional History welcomes submissions of articles, essays, and shorter pieces from scholars in law, history, political science and beyond. For questions, please contact the Journal’s Editor-in-Chief, David Schwartz, at editor-jach@law.wisc.edu.

Elsewhere Online

  1. Sergii Masol, Orwellian Rulings of the Russian Constitutional Court on the Donetsk, Kherson, Luhansk and Zaporizhzhia Provinces of Ukraine, EJIL: Talk!
  2. Francesco Palermo, From conflict to procedures: Taming independence referendums, Eureka!
  3. Rebecca Nelson, Multi-level governance and the environment in the pandemic era, Eureka!
  4. Benjamin Nurkić and Faris Hasanović, Christian Schmidt’s Stabilitocracy, A rather terrible decision by the High Representative, Verfassungsblog
  5. Shpetim Bajrami and Katia Hamman, Normative Power Through Protest, How can International Law respond to the human rights violations in Iran?, Verfassungsblog
  6. Kim Lane Scheppele, Gábor Mészáros, and Petra Bárd, Useless and Maybe Unconstitutional, Hungary’s Proposed Judicial Review of the Prosecutorial Decisions, Verfassungsblog
  7. Iain Hardie, The SNP’s Currency Proposals, Centre on Constitutional Change
  8. Ben Whitlock, The Dominion of Scotland: Does Britain’s imperial history provide a way forward for modern Scotland?, Centre on Constitutional Change
  9. Dexter Govan, Braverman’s New World, The Constitution Society
  10. The newest articles in the International Journal of Parliamentary Studies are now available online in advance access.
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Published on November 1, 2022
Author:          Filed under: Developments
 

What’s New in Public Law


Eman Muhammad Rashwan, Lecturer of Public Law, Cairo University, Egypt; Visiting Lecturer of Law, Hamburg University, Germany


In this weekly feature, I-CONnect publishes a curated reading list of developments in public law. “Developments” may include links to news, high court decisions, new or recent scholarly books, 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 iconnecteditors@gmail.com.

Developments in Constitutional Courts

  1. Taiwan’s Constitutional Court ruled on National Health Insurance Case. The judgment was considered a win for opt-out right amidst an overall unfounded decision on Personal Data Protection Act.
  2. The Egyptian Supreme Constitutional Court ruled on October 15 that the competence of the ordinary judiciary courts to adjudicate on the dispute over the presidency of political parties is not inconsistent with the competence of the Conseil d’Etat to hear appeals against the decisions of the Political Parties Affairs Committee regulated by Act No. 40 of 1977.
  3. The Constitutional Court of Belgium found parts of the euthanasia law unconstitutional.
  4. The Constitutional Court of Montenegro remains blocked, due to a parliamentary obstruction. The Montenegrin Parliament failed to appoint several outstanding vacancies on the Constitutional Court.
  5. The Supreme Court of India directed the government and police authorities to take suo motu action in cases of hate speech without waiting for formal complaints to be lodged.
  6. Earlier this Spring, the Kenyan Supreme Court held that abortion care is a fundamental constitutional right, that arresting patients and clinicians in connection with abortion is illegal, and that the Parliament must act accordingly.

In the News

  1. Chad’s military leader, Mahamat Idriss Deby Itno, was named the nation’s transition president Saturday and will govern for a non-renewable two years transition period until elections.
  2. Peru’s attorney general filed a so-called constitutional complaint against President Pedro Castillo, opening a new legal battle that opposition forces hope could lead to his ouster.
  3. The Egyptian regime set free a new patch of political prisoners within the ongoing initiative of the National Dialogue.
  4. The Parliament of the Netherlands voted to establish a special tribunal for Russian crimes against Ukraine.
  5. The all-important 20th Congress of China’s ruling Communist Party, widely expected to endorse an unprecedented third five-year term for Xi Jinping, putting him on course to be in power for life, concluded on Saturday after electing the party’s Central Committee, a powerful body comprising top leaders.
  6. As the political and economic crisis in Tunisia roars, thousands of Tunisians have demonstrated in the capital Tunis, denouncing President Kais Saied’s moves to consolidate political power and demanding accountability for the country’s long-running economic crisis.

 New Scholarship

  1. Luís Roberto Barroso and Richard Albert, The 2021 International Review of Constitutional Reform (2022) (gathering jurisdictional reports written by scholars and judges, often in collaboration, on all forms of constitutional revision around the world over the past year)
  2. Dhruva Gandhi, Religious Discrimination under the Indian Constitution: Unpacking the Contents of Religion, Indian Journal of Constitutional Law (2022) (answering the question, “What does ‘religion’ as a ground of discrimination mean?” The paper goes about undertaking this inquiry in two stages. The first stage involves a study of cases involving direct religious discrimination, as decided by various High Courts and the Supreme Court. The second stage identifies and studies uncommon judicial opinions that exist on the periphery)
  3. Ioannis Kampourakis, Sanne Taekema, and Alessandra Arcuri, Reappropriating the Rule of Law: Between Constituting and Limiting Private Power, Jurisprudence (2022) (arguing that private power is a rule of law concern as much as public power. Through a discussion of contestations of fossil fuel policy, the article shows the critical and empowering potential of a reconfigured rule of law)
  4. Anneli Albi, A Paradigm Shift in the Role of Courts? Disappearance of Judicial Review Through Mutual Trust and Other Neofunctionalist Tenets of EU Law, Juridica International (Forthcoming 2022) (submitting that EU law has profoundly been changing the role of courts in Europe, from protecting the fundamental rights of individuals – especially in the event of coercive exercise of public power – towards being seen as agents of, or obstacles to, integration, as well as towards a focus on trust, effectiveness, and enforcement, and protection of the market and of the neoliberal economic order)
  5. Robert D. Cooter and Michael D. Gilbert, Public Law and Economics, Oxford University Press (2022) (extending the economic analysis of law to fundamental topics in public law, such as the separation of powers, regulation by agencies, and constitutional rights. By focusing on cases and legal doctrine, the book shows the relevance of economics to the work of lawyers and judges)

Calls for Papers and Announcements

  1. The Syria Justice and Accountability Centre (SJAC) seeks a trial monitor based in Frankfurt, Germany, to support its Trial Monitoring project.
  2. The Global Summit on Constitutionalism, to be held in March 2023, invites faculty and graduate students to submit a paper and/or a fully formed panel. Free registration is available here. Registration closes this week.
  3. Submissions are now open for the upcoming Human Rights Essay Award Competition with the Academy on Human Rights and Humanitarian Law at American University Washington College of Law. The topic of the 2023 Award is “Equality and Human Rights: Confronting Racial Discrimination.” The deadline is on January 31, 2023.
  4. The Chinese University of Hong Kong, Faculty of Law, invites applications for Ph.D. Fellowships and Ph.D. Studentships 2023-24.
  5. The Association of Detainees and the Missing of Sednaya Prison (ADMSP) published a report that sheds light on the inner workings of the Syrian regime’s most notorious detention facility, Sednaya Military Prison, one of the most clandestine and well-guarded places in Syria.

Elsewhere Online

  1. András Jakab, Three misconceptions about the EU rule of law crisis, Verfassungsblog
  2. Thomas Carothers and Benjamin Press, Stop Projecting America’s Democratic Decline Onto the World, Foreign Policy
  3. Rafiah Al Talei, Sara Bazoobandi, and Nima Khorrami, Hijab in Iran: From Religious to Political Symbol, Carnegie
  4. Romy Haber, Fostering a Security Architecture for Minorities in the Levant: Failed Shots, IACL Blog
  5. Konanani Happy Raligilia, Politics of witchcraft and mental illness in the black communities, AfricLaw
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Published on October 26, 2022
Author:          Filed under: Developments
 

I-CONnect Symposium on the Chilean Constitutional Referendum – Political representation in the Chilean Constituent Convention: a view from a constructivist perspective

Natalia Morales Cerda, PhD student at Faculty of Laws, University College London (UCL)

That “political representation” was –among many others and of a different nature– one of the causes of the categorical rejection of the constitutional draft proposed by Chile’s Constitutional Convention in the plebiscite of 4 September, seems to be somewhat agreed. Two columns published in this blog have taken direct aim at it. For Sergio Verdugo, for example, the serious problem of political representation in the Convention was linked to the absence of political parties which, for different reasons, did not play a leading role in the constitution-making process, leaving it mainly in the hands of independents (Verdugo 2022). While María Isabel Aninat Sahli, who also seeks to explain the 62% of the “rejection” vote in the idea of political representation, argues that a certain “new form of political representation”, emboldened by the reflection of the diversity of Chilean society that the composition of the Convention offered and the role of the media in an idea of “unmediated” representation, had ultimately failed (Aninat Sahli 2022).

Certainly, Verdugo’s and Aninat’s explanations differ in identifying the “evil” of political representation in the Chilean process; they coincide, however, in aiming their shots at one of the essential characteristics of contemporary constitutional democracies: political representation. Nevertheless, none of these columnists challenge the limitations of the notion of political representation as a mandate, which is at the core of the current crisis of representative democracy. This is because, ultimately, in contemporary democracies political representation does not function as modern theorists committed to the idea of mandate imagined it –the notion presented by Verdugo–, nor as citizens imagine it –which would be the “new form” identified by Aninat. Then, how did political representation work in the Constitutional Convention? How did those who had historically been excluded from these spaces –such as women– perform political representation?

Because I am interested in the conception of political representation, I will focus on Aninat’s article. Aninat states that, given that the origin of the Chilean constituent process is in the social outburst of 2019, the distance that the constituent process took from the political parties, the government and the Congress was understandable and even expected. Let us remember that, when faced with the question of which body should draft the Constitution –a 100% elected Constitutional Convention or a Mixed Convention, with 50% of the members of the National Congress–, the Chilean people chose the former. The message, read at the time, was clear. This affected the composition of the constitutional body which, endowed with reserved seats for native people, gender parity and incentives for independent candidacies, was identified from the beginning as separate from the rest of the political system, with a strong rhetoric of constituent power, but, above all –and here is a key element for Aninat– with “a much deeper idea that permeated all the deliberation of the Convention: a different proposal of political representation”

Read the rest of this entry…
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Published on October 21, 2022
Author:          Filed under: Developments
 

What’s New in Public Law


–Wilson Seraine da Silva Neto, Master Student at the University of Coimbra – Portugal; Postgraduate in Constitutional Law at Brazilian Academy of Constitutional Law


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 iconnecteditors@gmail.com.

Developments in Constitutional Courts

  1. The U.S. Supreme Court rejected a request from former President Donald J. Trump to intervene in the litigation over documents seized from his Florida estate, a stinging rebuke that blocked his effort to get access to classified documents found there by the F.B.I.
  2. The São Tomé e Príncipe Constitutional Court extinguished four parties that competed in the September 25 legislative elections but did not reach the minimum of 0.5% of votes required by law.
  3. Russia’s Constitutional Court recognized as lawful treaties signed by President Vladimir Putin to annex four Moscow-occupied regions of Ukraine.
  4. The U.S. Supreme Court on Tuesday invalidated a lower-court ruling in a Pennsylvania election dispute and granted a request by David Ritter, a candidate in a 2021 race for a judgeship in a local Pennsylvania court.
  5. The India Supreme Court upheld the Delhi High Court order, which dismissed the appeals filed by WhatsApp and Meta challenging a single judge bench order refusing to stay the Competition Commission of India’s (CCI) probe into alleged abuse of dominant position practices by WhatsApp in connection with its 2021 privacy policy.
  6. The South Africa Constitutional Court orders a Western Cape woman, 85, to vacate the home she has occupied since 1947.

In the News

  1. The Jan 6 Committee investigating the capitol raid votes unanimously to subpoena former President Donald J. Trump.
  2. The Justice Ministry of Ukraine has appealed to the competent authorities of the Republic of Austria for the extradition of former Chairman of the Constitutional Court of Ukraine Oleksandr Tupytsky to Ukraine.
  3. Brazilian President Bolsonaro admits he is considering increasing the number of Supreme Court justices if reelected. But he backs off after the repercussion.
  4. Silvana Sciarra is the new president of the Constitutional Court of Italy.
  5. The South Korean Constitutional Court held a hearing to determine whether it’s unconstitutional to detain a foreigner facing deportation in indefinite custody at a holding center.
  6. The Thailand Constitutional Court ruled that Prime Minister Prayut Chan-ocha can keep his job at least until next year’s elections, settling a legal dispute that echoes the country’s deep political fault lines and dashing the opposition’s latest bid to remove the 2014 coup leader from office.

New Scholarship

  1. Jimmy Chia-Shin Hsu (editor), Human Dignity in Asia: Dialogue between Law and Culture (2022) (Using interdisciplinary methods, this book explores Asian understandings of human dignity and human rights in the context of courts, religious traditions, and socio-political change. Furthering the dialogue between Asian and Western social values, this comparative study offers an alternative to a rigidified social imagination).
  2. Hugo Moreira Lima Sauaia, Como o STF decide? (2021) (The work intends to demonstrate to jurists and non-jurists with data and not just theory, the backstage of the action of the Brazil Supreme Court).
  3. Adam Łazowski and Adam Cyga (editors), Research Handbook on Legal Aspects of Brexit (2022) (analyzing the impact of Brexit on the future relationship between the UK and Europe).
  4. Richard Albert, Ryan C. Williams and Yaniv Roznai (Editors), Amending America’s Unwritten Constitution (2022) (leading scholars of law, history, philosophy, and political science consider the many theoretical, conceptual, and practical dimensions of what it means to amend America’s ‘unwritten Constitution).
  5. Oren Tamir, Beyond the Binary: Toward A New Global Model of Constitutional Rights Adjudication (2022) (demonstrating that there is another available model around which we can choose to organize systems for adjudicating constitutional rights)

Calls for Papers and Announcements

  1. October 26 is the deadline for submissions to the Global Summit on Constitutionalism in Austin, Texas, on March 16-18, 2023. Papers and panels are welcome!
  2. Hasselt University invites young researchers to the 3rd edition of the Young Legal Researchers Conference to be held on 16 December 2022. This year, the theme will be “Back to the basics: Using fundamental principles of law to address contemporary challenges”.
  3. The Riksbankens Jubileumsfond and Örebro University invite you to the Nordic CONREASON Project webinar series to be held on 9 November 2022 entitled “The political and legal culture in Iceland as the context of constitutional reasoning”. To know more about the project, click here.
  4. In the same project, the Nordic CONREASON Project webinar series also invites you to the meeting entitled “The political and legal culture in Norway as the context of constitutional reasoning.” on 24 November 2022.
  5. The University of Coimbra Institute for Legal Research and Technische Universität Darmstadt invites you to the workshop “The Evolution of Post-Democracy” to be held on 20 – 21 October 2022.
  6. The ICON-S Directorate for Chapter Development invites the ICON-S chapter or part of the ICON-S leadership to ICON-S in the World: Virtual Coffee Edition which will occur every third week of the month on Thursday evening and Friday morning. The first round will be on 20 -21 October 2022.

Elsewhere Online

  1. Salai Za Uk Ling, Antonia Mulvey and Chris Gunness, All eyes on Indonesia’s Constitutional Court which could be on verge of making history, The Jakarta Post.
  2. Mari Margil, Can Nature Have Rights? That’s No Longer the Question, IACL-AIDC Blog.
  3. William Baude and Michael W. McConnell, The Supreme Court Has a Perfectly Good Option in Its Most Divisive Case, The Atlantic.
  4. Lisa Hänel, Transphobia in Germany: The danger of anti-queer attacks, DW.
  5. Lexington, Of course the Supreme Court has been politicised, The Economist.
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Published on October 17, 2022
Author:          Filed under: Developments
 

Join the Team that Brings You “What’s New”


Richard Albert, Professor of World Constitutions and Director of Constitutional Studies, The University of Texas at Austin


We invite expressions of interest from scholars–including graduate students–who wish to join the I-CONnect team that brings you the weekly report on “What’s New in Public Law.”

All interested persons are asked to please email Trish Do at tdo[at]law.utexas.edu by November 1, 2022.

This year we have had a magnificent team. We are grateful to them, each now well-known to our community of readers here at I-CONnect:

  1. Irina Criveț, PhD Candidate in Public Law, Koç University
  2. Anubhav Kumar, Advocate & Researcher, Supreme Court of India 
  3. Claudia Marchese, Research Fellow in Comparative Public Law at the University of Sassari, Italy
  4. Matteo Mastracci, Digital Rights Researcher, Balkin Investigation Reporting Network (BIRN), and PhD Researcher, Koç University, Istanbul
  5. Wilson Seraine da Silva Neto, Master Student at the University of Coimbra – Portugal; Postgraduate in Constitutional Law at Brazilian Academy of Constitutional Law
  6. Eman Muhammad Rashwan, Lecturer of Public Law, Cairo University, Egypt; Visiting Lecturer of Law, Hamburg University, Germany.
  7. Maja Sahadžić, Visiting Professor and Research Fellow, University of Antwerp, and Senior Research Fellow, Law Institute in Sarajevo
  8. Robert Rybski, Assistant Professor at the Faculty of Law and Administration of the University of Warsaw, Rector’s Plenipotentiary for Environment and Sustainable Development
  9. Silvio Roberto Vinceti, Adjunct Lecturer, University of Modena and Reggio Emilia

We published the first edition of “What’s New” over six years ago on January 5, 2014. Its format today is largely unchanged and its purpose has remained the same: to update our readers on developments in public law around the world from the previous week. Developments include news from constitutional and supreme courts, new scholarship in public law, calls for papers, and highlights from around the blogosphere.

We look forward to working with you to continue this tradition.

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Published on October 16, 2022
Author:          Filed under: Developments