–Simon Drugda, Nagoya University Graduate School of Law (Japan)
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 firstname.lastname@example.org.
Developments in Constitutional Courts
- The Supreme Court of Iraq against Prime Minister Haider al-Abadi’s decision to scrap three vice-president positions.
- The Supreme Court of Indonesia the environmental permit for a cement plant planned by the country’s largest, state-controlled, cement producer.
- The Federal Constitutional Court of Germany a legal challenge to the EU-Canada trade deal.
- The Constitutional Court of Bulgaria an amendment to the Penal Code that removed the statute of limitations for the prosecution of crimes committed by senior functionaries of the Communist Party between 1944 and 1989.
- The Supreme Court of India that a sex worker cannot lodge a sexual assault complaint against her customers if they refuse to pay.
- A Supreme Court Justice in the Philippines that President Rodrigo Duterte could be impeached if he gives up the country’s sovereign rights over the disputed Scarborough Shoal to China.
- The Constitutional Court of Croatia proceedings in a 25-year-old constitutional appeal over the legality of abortion.
- The Constitutional Court of Turkey an appeal for annulment, filed by the main opposition party, of decree laws issued by the government since the state of emergency on the grounds of non-competence.
- The Supreme Court of Venezuela President Nicolas Maduro to put forth the country’s 2017 budget without going through the National Assembly. The Court the budget, which will be handed down by decree, despite a constitutional budgetary authority of the Congress.
In the News
- The Thai Constitution Drafting Committee (CDC) a revised draft charter to the government. Royal sanction of the charter was expected for early next month before King Bhumibol Adulyadej on Thursday.
- The Uzbek Senate mass amnesty for prisoners ahead of their December 8th celebration of the adoption of the country’s constitution.
- The French Parliament new legislation allowing transgender citizens to update their legal status without needing to undergo sterilization procedures.
- Grenada is to a referendum on a series of constitutional amendment bills, including a proposal to substitute the Privy Council with the Caribbean Court of Justice (CCJ) as the final court of appeal.
- The Nigerian security agency out anti-corruption raids targeting senior judges.
- The Parliament of Ivory Coast changing the constitution to ease nationality rules for presidential candidates.
- The Parliament of Burundi overwhelmingly to withdraw from the International Criminal Court, while Burundi’s government three U.N. investigators from its territory.
- Turkey’s government said it would revive efforts to the constitution and expand the powers of the presidency.
- Brazil’s lower house a constitutional amendment bill to cap public spending. The bill will limit spending on health, education, social welfare, and public services until 2037.
- The Ethiopian government a state of emergency following a week of anti-government violence.
- The Spanish Council of Ministers of the submission of a new complaint to the Constitutional Court against the proposed bill on Catalan 2017 independence referendum.
- Xenophon Contiades, Alkmene Fotiadou eds., (2016) (exploring the recent trend of enhancing the role of the people in constitutional change)
- Vanessa MacDonnell, , 53 Osgoode Hall Law Journal (2016) (arguing that quasi-constitutional legislation in Canada should be understood as implementing “constitutional imperatives” and contrasting quasi-constitutional legislation to constitutional statutes in the United Kingdom)
- Alice Donald and Philip Leach, (2016) (examining the role of national parliaments in the implementation of judgments of the European Court of Human Rights in Ukraine, Romania, the United Kingdom, Germany, and Netherlands)
- Debtoru Chatterjee, (2016) (examining the scope and limitations of presidential discretionary powers through examples from India, Britain, and the Commonwealth)
- Laurens Lavrysen, (2016) (critically engaging with the positive obligations case law of the European Court of Human Rights)
- Joanna Howe and Rosemary Owens eds., (2016) (analyzing temporary labor migration programs from a sustained socio-legal perspective on a comparative basis)
- Francesca Bignami and David Zaring eds., (2016) (analyzing the entire gamut of regulatory law in over thirty different domestic and international jurisdictions)
- Louis J. Kotzé, (2016) (offering a systematic conceptual framework for global environmental constitutionalism in the epoch of the Anthropocene)
- Andrew Lynch ed., (2016) (examining the topic of judicial disagreement and dissents in Australian law)
- Christine Bell, Charmaine Rodrigues, Silvia Suteu, Tom Gerald Daly, and Jenna Sapiano, , Global Constitutionalism, special section (forthcoming 2017) (addressing constitution-making and political settlements in times of transition and arguing that traditional constitutional devices have to be understood differently in times of transition where the constitution plays a constructivist role with respect to the forming of agreement rather than reflecting prior agreement)
- Rory O’Connell, (2016) (examining implications of the Brexit referendum for the United Kingdom’s political constitution)
- Neil Walker, in A. Lang and A. Wiener eds., Handbook of Global Constitutionalism (forthcoming) (exploring the ways in which constitutionalism seeks to entertain political pluralism and suggesting why this relationship is a conflicted one)
- Ana Bobic, , 18 German Law Journal (forthcoming 2016) (arguing that the exhibited self-restraint of both national constitutional jurisdictions and the European Court of Justice points to an awareness of the importance of preserving the pluralist setting)
- Arif Riza and Dardan Vuniqi, (2016) (exploring the relationship of sources of law in Kosovo to public international law)
- Kevin M. Stack, , 84 George Washington Law Review 1252 (2016) (situating regulatory preambles as a form of guidance within the principles of administrative law)
- Shamsul Falaah, , 2 Waikato Islamic Studies Review (2016) (analyzing the status of the political system, the role of the judiciary, and the mechanism of the protection of fundamental rights and freedoms under theocratic constitutionalism)
- Jack Landman Goldsmith III and John F. Manning, , 164 University of Pennsylvania Law Review 837 (2016) (examining the uses of the Take Care Clause in jurisprudence of the United States Supreme Court)
- Helen Irving, , in Citizenship, Alienage, and the Modern Constitutional State: A Gendered History (2016) (challenging theories of citizenship as rights and citizenship as participation and offering instead an “existential” defense of citizenship that prioritizes protection of the citizen on the part of the state)
Calls for Papers and Announcements
- The Younger Comparativists Committee of the American Society of Comparative Law submissions for its Sixth Annual YCC Global Conference in Istanbul, Turkey on April 28-29, 2017. Abstracts for submission are due by December 31, 2016.
- The IACL Research Group on Constitution-Making and Constitutional Change, the University of Nicosia, and the Centre for European Constitutional Law submissions for a conference on “Imposed Constitutions: Aspects of imposed constitutionalism,” to be held at the University of Nicosia on May 5-6, 2017. Abstracts for submission are due by December 20, 2016.
- The Institute for Studies on Federalism and Regionalism at the European Academy of Bolzano/Bozen (EURAC) and the University of Innsbruck applications for its cross-border postgraduate program “Winter School on Federalism and Governance 2017,” to be held in spring 2017. Deadline for applications is October 23, 2016.
- The Socio-Legal Review (National Law School of India University) submissions for a volume on “Crime and Society.” The deadline for submission for the first 2017 issue is November 1, 2016.
- The Centre for Constitutional Studies and University of Alberta, Faculty of Law papers for a conference on the theme “Reconciliation / Wahkohtowin,” to be held on September 21-23, 2017. Proposals for papers are due by November 17, 2016.
- The Association for the Study of Law, Culture, and the Humanities (ASLCH) submissions for its twentieth annual conference on March 31 – April 1, 2017, at Stanford Law School. Panel and paper proposals are due by October 28, 2016.
- The Law and Humanities Research Center at Panthéon-Assas University submissions for its first international conference on “The Dark Sides of the Law in Common Law Countries” in Paris, France on June 15-17, 2017. The submission deadline is December 15, 2016.
- The University of Copenhagen, Centre of Excellence for International Courts (iCourts) submissions for a workshop on “Cognitive Sociology, Culture, and International Law” to be held on April 28-29, 2017. Abstracts are due by November 1, 2016.
- Tom Ginsburg, , Foreign Policy
- Colin P.A. Jones, , The Japan Times
- Avinash K. Dixit and David McAdams, , Harvard Business Review
- Kevin Aquilina, , Times of Malta
- Katy Steinmetz, , Time
- Elke Cloots, , Verfassungsblog
- Rim-Sarah Alouane, , Oxford Human Rights Hub
- Brian Christopher Jones, , The Conversation
- Sionaidh Douglas-Scott, , UK Constitutional Law Association
- Robert Craig, , UK Constitutional Law Association
- Carlos Arturo Villagrán Sandoval, , Blog of the IACL, AIDC
- Simon Badran, , ConstitutionNet
- Zoltán Szente, , Constitution Making and Constitutional Change
- Amanda Taub and Max Fisher, , The New York Times
- Katy Migiro, , Reuters
- Paula Gerber, , The Conversation
- Sissoko Bamassa and Guissé Aboubacar, , ConstitutionNet
- Heo Jae-hyun, , The Hankyoreh