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What’s New in Public Law


Claudia Marchese, Research Fellow in Comparative Public Law at the University of Florence (Italy)


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 President of South Africa has appointed Judges Narandran “Jody” Kollapen and Rammaka Steven Mathopo as Judges of the Constitutional Court, with effect from 1 January 2022.
  2. Romania’s Constitutional Court has called into question the primacy of European law, ruling that a decision by the European Court of Justice cannot be applied without first amending the country’s constitution.
  3. Poland’s Justice Minister has requested the Polish Constitutional Court to rule on whether a mechanism linking European Union funds to rule of law is compatible with the country’s constitution.
  4. In a decision of 10 December 2021 the Hungarian Constitutional Court stated that as long as the complete effectiveness of EU rules on migration is not ensured, Hungary has the right to exercise such competencies. In order to effectively protect its borders, Hungary is entitled to adjust its national rules to reality by adopting additional, individual measures.
  5. The Italian Constitutional Court has ruled inadmissible the judgement proposed by some parliamentarians against the introduction of the obligation of a “green pass” to participate in parliamentary proceedings. According to the Court, this obligation does not affect any constitutional attribution of parliamentarians.

In the News

  1. The leftist candidate Gabriel Boric has won Chile’s presidential election.
  2. Libya’s first presidential election, due to take place on 24 December, has been postponed.
  3. Former President Donald Trump appealed to the Supreme Court to block the release of documents from the White House to the House committee investigating the 6 January riot at the Capitol.
  4. On 9-10 December 2021 the first international Summit for Democracy took place. The Summit was attended by more than 275 participants including Heads of State and Heads of Government.
  5. More than 800 faith leaders urged President Joe Biden and Senate Democrats to pass voting rights legislation in 2022. For his part, President Biden confirmed that the approval of the legislation on voting rights is a priority of his administration.

New Scholarship

  1. Hugo Rojas, Miriam Shaftoe, Human Rights and Transitional Justice in Chile (forthcoming 2022) (offering an overview of transitional justice measures implemented in Chile since the start of the democratic transition)
  2. Huawen Liu, China’s Path of Human Rights Development (forthcoming 2022) (exploring China’s human rights development path, investigating economic, social and cultural rights)
  3. Lutforahman Saeed, Islam, Custom and Human Rights (forthcoming 2022) (providing deep insight into written law, customary law and Islamic law in Afghanistan after the 2004 Constitution)
  4. Molly Katrina Land, Kathryn Rae Libal, Jillian Robin Chambers (eds.), Beyond Borders. The Human Rights of Non-Citizens at Home and Abroad (2021) (exploring the rights to be guaranteed to non-citizens)
  5. Helle Porsdam, The Right to Science (2021) (examining the actionable and justiciable right to science)

Calls for Papers and Announcements

  1. ANU Law and the Centre for International and Public Law have announced that registrations for an international conference on the theme of Public Law and Inequality to be held on 16-18 February 2022 are open. The conference will be held in a hybrid format, with an in-person conference in Canberra for Australia-based participants and virtual attendance available for international participants.
  2. In 2023, Federal Law Review will publish a special issue on themes related to Equality and Public Law. Paper submissions for this special issue are due by 22 March 2022.
  3. The University Association for Contemporary European Studies (UACES) is pleased to announce its 52nd Annual Conference to discuss topics related to European Studies and Europe. The Conference will tale place in Lille on 5-8 September 2022.
  4. On 12 January 2022 the University Association for Contemporary European Studies (UACES) and the Irish Association for Contemporary European Studies (IACES) will host an online conference on “The UK and Ireland in time of Crisis. The future within and without Europe”.
  5. The Italian Association of Comparative and European Public Law organizes on 9-10 September 2022, in Caserta at the University “Luigi Vanvitelli”, a conference concerning “Environmental constitutionalism between anthropocentrism and biocentrism. New perspectives from comparative law“. The deadline for proposals is 15 February 2022.

Elsewhere online

  1. Gábor Halmai, Restoring Constitutionalism in Hungary, Verfassungsblog
  2. András Jakab, How to Return from a Hybrid Regime to Constitutionalism in Hungary, Verfassungsblog
  3. Bogdan Iancu, Handle with Care, Verfassungsblog
  4. Richard Pomfret, Why does the EU look different through English eyes?, LSEblog
  5. Gareth Evans, Welsh Devolution and the Cooperation Agreement, UKCLA blog
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Published on December 27, 2021
Author:          Filed under: Developments
 

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