–Sandeep Suresh, LL.M in Comparative Constitutional Law (Central European University, Budapest)
In this weekly feature, I-CONnect publishes a curated reading list of developments in comparative public law. “Developments” may include a selection of links to news, high court decisions, new or recent scholarly books and articles, and blog posts from around the comparative public law blogosphere.
To submit relevant developments for our weekly feature on “What’s New in Comparative Public Law,” please email firstname.lastname@example.org.
Developments in Constitutional Courts
- The Indian Supreme Court that criticizing the government or its policies does not qualify as sedition.
- Israel’s Supreme Court a law allowing force feeding of prisoners on hunger strikes.
- The Indian Supreme Court will the question of whether it is permissible to restrict free speech on the grounds of constitutional compassion and constitutional sensitivity.
- The U.S. Supreme Court Michigan’s appeal of an injunction that would not allow the state to ban straight-ticket voting.
- The Italian Supreme Court that masturbating in public is not an illegal act.
- The German Constitutional Court that if family members who live in the same household can reasonably be expected to manage the household out of pooled resources, the income and assets of another family member may be taken into account in determining an applicant’s neediness as required when granting benefits intended to secure the recipient’s existential needs.
In the News
- President Obama a Muslim lawyer to be a U.S. District Court Judge. If the nomination is confirmed, he will be the first federal judge following Muslim faith.
- Justice Jasti Chelameswar, a senior judge of the Indian Supreme Court, to participate in the Supreme Court Collegium meetings showing his protest against the lack of transparency in its judicial appointments process.
- A group of Costa Rican citizens the Supreme Elections Tribunal with a request for a public referendum on formulating a new constitution.
- Two women rights groups in Kenya are set to a petition to challenge the conduct of Parliament and the Attorney General with regards to the two thirds gender principle.
- The Indian President his assent to the Constitution Amendment Bill on Goods and Services Tax paving way for a uniform system of indirect taxation in the country.
- The Aruban legislature to give official recognition to same-sex couples, giving them the right to register their unions and receive the benefits granted to other married people.
- Graham Butler and Martin Ratcovich, , Nordic Journal of International Law (2016) (analysing the main legal challenges facing the European Union Naval Force, EUNAVFOR Med (‘Operation Sophia’), established in 2015, to disrupt human smuggling and trafficking activities)
- Elaine Fahey, (forthcoming 2017) (examining the conceptual development of the global reach and effects of EU law and the methodology of EU rule-making processes)
- Stephen Gardbaum, in Comparative Constitutional Theory, Gary Jacobsohn and Miguel Schor (eds.) (forthcoming) (identifying, disaggregating, and assessing the utility of four distinct senses or conceptions of judicial supremacy in domestic and comparative constitutional theory)
- Gbohou Gnantin Hilaire Tegnan and Saldi Isra, (2016) (discussing the practice of legal pluralism and its effects and the rule of law in Indonesia with the help of empirical data and survey results)
- Patrick Macklem, , in The Oxford Handbook of the Canadian Constitution, N. Des Rosiers, P. Macklem and P. Oliver (eds.) (forthcoming 2017) (arguing that constitutional reconciliation can only commence by comprehending Aboriginal rights and title as protecting Indigenous interests associated with culture, territory, treaties and sovereignty in robust terms—terms, if met, which will have profound structural consequences for the constitutional relationship between Indigenous peoples and Canada)
- Zsolt Kortvelyesi, (2016) (presenting a comparative overview of how the formal source of a constitution’s authority is present, or misrepresented, in a constitution-making process and analyzing the Hungarian case, the adoption of the 2011 Fundamental Law in this light)
- Rehan Abeyratne, , George Washington International Law Review (forthcoming) (arguing that the Indian Supreme Court’s judgment on October 16, 2015 ruling the National Judicial Appointments Commission (NJAC) to be unconstitutional is flawed in two ways)
- Ernest Caldwell, , in Max Planck Encyclopedia of Comparative Constitutional Law, Rainer Grote, Franke Lachenmann and Rüdiger Wolfrum (eds.) (forthcoming) (discussing the contents and tumultuous history of the Chinese Constitution which provides for five branches of government as opposed to the general tradition of tripartite separation of powers between the legislature, executive and the judiciary)
Calls for Papers and Announcements
- The Thailand Institute of Justice will be the Institute for Global Law & PolicyAsian Regional Workshop in Bangkok from January 6-11, 2017. Interested applicants must submit their application by September 30, 2016.
- The American Constitution Society will be the Junior Scholars Public Law Workshop at the AALS Annual Meeting in San Francisco on January 5, 2017. Interested participants must submit their papers, in any field related to public law, by October 15, 2016 to email@example.com.
- The School of Law at Trinity College, Dublin the 2017 meeting of the Berkeley Comparative Equality and Anti-Discrimination Law Study Group from June 15-16, 2017. Participants must submit their presentation proposals or applications to participate as a discussant/panel chair by November 1, 2016.
- The Commonwealth Journal of Constitutional Law & Public Policy is manuscripts for it upcoming issue – Volume 2, Issue 2. The deadline for submission is September 30, 2016.
- The Indian Journal of Constitutional Studies is papers for its inaugural issue. Interested authors must submit their manuscripts to firstname.lastname@example.org by September 15, 2016.