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What’s New in Comparative Public Law

Richard Albert, Boston College Law School

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

To submit relevant developments for our weekly feature on “What’s New in Comparative Public Law,” please email me at richard.albert@bc.edu.

Developments in Constitutional Courts

1. The Canadian Supreme Court has invalidated the country’s prostitution laws.
2. The High Court of Australia has struck down the Election Funding, Expenditure and Disclosures Act as violative of the freedom of communication.
3. The German Constitutional Court has dismissed constitutional challenges to the framework operating plan for the Garzweiler opencast mine.
4. Marie Fleming, whose petition for the right to assisted suicide was denied by the Irish Supreme Court in early 2013, passed away in late December 2013.
5. Sean Fine of the Globe and Mail reflects on the future of the Canadian Supreme Court in light of Marc Nadon’s controversial appointment to the bench.

New Scholarship

1. A.V. Dicey, Comparative Constitutionalism (J.W.F. Allison ed., 2013) (collecting previously unpublished lectures by Dicey on representative government, the separation of powers, and constitutions)
2. Vlad Perju, Cosmpolitanism in Constitutional Law, 35 Cardozo Law Journal 711 (2013) (using Kant’s tripartite system of public law to elaborate a normative framework for constitutional integration)
3. Cheryl Saunders, The Impact of Internationalisation on National Constitutions (forthcoming 2014) (demonstrating that although internationalization has resulted in significant convergence among national constitutions, important differences remain, and perhaps necessarily so, because of the distinctive relationship between constitutions and the states for which they were created).
4. Hugo Cyr, Conceptual Metaphors for an Unfinished Constitution (2013) (encouraging the comparative study of constitutional cultures instead of the simple comparative study of constitutional rules, principles and institutions)
5. Pedro Caro de Sousa, Horizontal Expressions of Vertical Desires: Horizontal Effect and the Scope of the EU Fundamental Freedoms, Cambridge Journal of International and Comparative Law (2013) (arguing that the debate on horizontal effect of EU fundamental freedoms should be reframed from whether these freedoms apply directly to private relationships to the scope of fundamental freedoms)

In the News

1. David Law (Washinton–St. Louis) recently led a workshop on constitutional reform for Burmese parliamentarians.
2. McGill and Georgetown have assumed editorial responsibilities for the American Journal of Comparative Law.
3. Ozan Varol (Lewis & Clark) has been awarded “honorable mention” in the 2014 AALS Scholarly Paper Competition for his paper on Temporary Constitutions.
4. The British Institute for International and Comparative Law has released a report on “Access to Judicial Remedies for Human  Rights Violations by Transnational Business.”
5. The 17th Annual Constitutional Cases Conference will be held on April 11, 2014, at Osgoode Hall Law School.

Elsewhere on Blogs

1. Tarunabh Khaitan, Koushal v. Naz: The Legislative Court, UK Constitutional Law Blog
2. Michael Plaxton, Nadon, Section 6.1, and the Attorney General’s Constitutional Argument, The Court
3. Nick Robinson, The “Substantial Question” Doctrine, Law and Other Things
4. Lucan Way, Six Reasons to be Cautious about the Likelihood of Opposition Success in Ukraine, Washington Post–The Monkey Cage
5. Daniel Zovatto, Latin America 2013: Political and Electoral Balance, IDEA

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Published on January 5, 2014
Author:          Filed under: Developments
 

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