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What’s New in Public Law


Anubhav Kumar, Advocate, Supreme Court of India & Researcher at Bar Association of India (BAI)


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. Supreme Court of India orders release of A G Perarivalan, convict in the Former Prime Minister Rajeev Gandhi assassination case. In his plea, Perarivalan had said the Governor was yet to take a call on a recommendation by the state government on September 9, 2018, to grant him remission and release him forthwith.
  2. The Kansas Supreme Court allows Republican Voting Map to Stand, that a lower court had ruled unconstitutional
  3. Tennessee Supreme Court rules governor’s school voucher program is constitutional, rules in favor of government.
  4. Turkish Constitutional Court issues Decision on Freedom of Expression, states that it is legitimate for the states to impose duties and responsibilities on public personnel, including duty of royalty.
  5. The Constitutional Court of Colombia, with 6 votes in favor and 3 against, decriminalized medically assisted suicide for patients suffering from serious or incurable illnesses, becomes first and only country to do so in Latin America and Caribbean.

In the News

  1. Kingston students walkout to protest Supreme Court of Canada’s decision.
  2. House speaker Nancy Pelosi slams U.S Supreme Court As ‘Dangerous To Freedoms In Our Country’
  3. The Oklahoma lawmakers pass near-total abortion ban, except in cases of medical emergency, rape or incest, and allow private citizens to sue anyone who helps women get abortions except in those narrow cases.
  4. Taliban dissolves Afghanistan’s human rights commission as ‘unnecessary’. It dissolved five key departments of the former US-backed government, including the country’s human rights commission, deeming them unnecessary in the face of a financial crunch, an official said.
  5. Chile finalizes new draft constitution to replace Pinochet-era document.
  6. The Guinea-Bissau president dissolves parliament, three months after he had said he had survived a coup attempt, alleging corruption.

New Scholarship

  1. Richard Albert and Richard Stacey, The Limits and Legitimacy of Referendums (2022) (examining how referendums can be used as effective and reliable mechanism of popular sovereignty and democratic choice)
  2. Roger Daniel Kelemen, Appeasement, ad infinitum (2022) (critically examining the European Commission’s willingness to appease Europe’s pet autocrats)
  3. Neha Tripathi and Anubhav Kumar, Changing Dynamics of Constitutionalism: South Asia’s Tryst with Constitution (2022.) (arguing that it is only practical and pragmatic to study constitutionalism with specific reference to the modern discourse of democracy, judicial review, separation of power, and human rights in local context)
  4. Vincent Chetail, The International Organization for Migration and the Duty to Protect Migrants: Revisiting the Law of International Organizations (2022) (revisiting the law of international organizations as an avenue of legally binding commitments for International Organization for Migration (IOM)
  5. Saumya Saxena, Divorce and Democracy A History of Personal Law in Post-Independence India (2022) (mapping the trajectories of marriage and divorce laws of Hindu, Muslim, and Christian communities in post-colonial India, and exploring the dynamic interplay between law, religion, family, minority rights and gender)
  6. Osamudia James, Superior Status: Relational Obstacles in Law to Racial Justice and LGBTQ Equality (2022) (examining to the role of status in the development of equality law in the United States)

Calls for Papers and Announcement

  1. The International Association of Constitutional Law (IACL) In collaboration with the International Center for Comparative Environmental Law (CIDCE), the Association of Research on Constitutional Law (ARCL) is organizing a Roundtable on “Environment, Climate Change and Constitutionalism,” Ankara, October 20-21, 2022 and invites abstract by July 1 2022.
  2. Luiss School of Government organizes the 11th edition of the Summer School on “Parliamentary Democracy in Europe,” in Rome, on July 11-15, 2022. Deadline has been extended until June 25, 2022.
  3. The University of Milan organizes a conference on the topic “The complex cultural, geopolitical and legal dimension of the conflict in Ukraine: Origins, context and long term consequences.” The conference will take place on May 24, 2022.
  4. The International Journal of Transnational Justice (IJTJ) calls for papers 2023 Special Issue. The deadline for submission is June 1, 2022.
  5. The University of Ferrara hosts the first roundtable of the Jean Monnet Module “EU Specialized Judicial Protection,” coordinated by Prof. Jacopo Alberti, on the topic “EU agencies’ Boards of Appeal.” The event will take place on June 17, 2022, in a physical format, open to a limited audience. To participate, send a request before June 6, 2022, to mriccardo.torresan@unife.it, together with a brief CV.
  6. Droit Public Comparé-Comparative Public Law (DPC-CPL) calls for papers for special issue in the field of comparative public property law. The due date for abstract submission is May 31, 2022.
  7. The University of Bristol in collaboration with The Society of Legal Scholars (SLS) calls for papers for Collaborative Workshop for PhD Students and Early Career Researchers in Labour Law, Migration & Asylum, Human Rights, and Public Law on July 13, 2022. The abstract shall be submitted by May 25, 2022 here.
  8. Application for 2023-2024 Fulbright-Nehru Postdoctoral Research Fellowship, for Indian faculty and researchers who are in the early stages of their research careers in India are open. Due date August 17, 2022.

Elsewhere Online

  1. Lauren Loxton, Two Rights can make a Wrong: Judges’ Rights to Freedom of Expression and Religion, African Law Matters
  2. Sebastián Serna Herrera, The Unconstitutional Constitutional Amendment Introducing Life Imprisonment in Colombia, IACL-AIDC Blog
  3. Sarah Isgur, Why Activists Should Want to Lose Supreme Court Cases, Politico
  4. Oskar Sherry, Proposed Reforms to the UK Human Rights Act, Oxford Human Rights Hub
  5. Claire Methven O’Brien and Jacques Hartmann, The European Commission’s proposal for a directive on corporate sustainability due diligence: two paradoxes, EJIL Talk
  6. Valentina Golunova, Manannikov V. Russia: The Final Nail In The Coffin Of Political Dissent?, Strasbourg Observers
  7. Swapnil Tripathi, 44 years of the 44th Amendment, The ‘Basic’ Structure
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Published on May 23, 2022
Author:          Filed under: Developments
 

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