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What’s New in Public Law


–Silvio Roberto Vinceti, Adjunct Lecturer, University of Modena and Reggio Emilia


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. Mexican Supreme Court Justice withdrew proposal to review the constitutionality of pre-trial detention.
  2. The UK Supreme Court granted standing to the Scottish National Party to submit written considerations in case involving the country’s right to hold an independence referendum.
  3. Angola’s Constitutional Court denied opposition’s request to void political elections.
  4. Iraq’s Supreme Federal Court dismissed a lawsuit to dissolve Parliament.
  5. Brazilian Supreme Court Justice suspended presidential executive order that eased gun purchase.
  6. Michigan Supreme Court voided the Board of State Canvassers’ stop to the abortion constitutional amendment, thus allowing the issue to be put on the ballot in November.
  7. The ECtHR declared that France violated the right to respect for private and family life by unnecessarily retaining data on a blood donor’s presumed sexual orientation.

In the News

  1. New UK Prime Minister halted bill aimed at allowing UK Supreme Court to neglect ECtHR’s pronouncements.
  2. UK government lawyers advocated before High Court for the legality of a controversial plan aimed at returning potential refugees to Rwanda.
  3. The UN High Commissioner for Human Rights published a report denouncing the Chinese government’s responsibility for human rights violations against Uyghurs and other Muslim minorities.
  4. Four associations of European judges challenged the EU Council’s decision to approve Poland’s recovery and resilience plan on grounds of rule of law concerns.

New Scholarship

  1. Stefan Griller, Lina Papadopoulou & Roman Puff (eds.) National Constitutions and EU Integration (2022) (discussing EU Member States’ constitutional framework in relation to the process of EU integration).
  2. Martin Sunnqvist Impartiality and Independence Of Judges: The Development in European Case Law (2022) (discussing the CJEU and ECtHR’s contribution to the protection and enhancement of judicial independence in Europe).
  3. Xavier Groussot, Anna Zemskova & Katarina Bungerfeldt, Foundational Principles and the Rule of Law in the European Union: How to Adjudicate in a Rule-Of-Law Crisis, and Why Solidarity is Essential (2022) (emphasizing the principle of solidarity’s role in the “Budget Conditionality Cases” and its possible developments).
  4. China’s Sanctions and Rule of Law: How to Respond When China Targets Lawyers (2022) (discussing the significance and implications of the People’s Republic of China’s sanctions against Essex Court Chambers).
  5. Steven G. Calabresi, Gary Lawson & Elise Kostial, What Mcculloch V. Maryland Got Wrong: The Original Meaning of ‘Necessary’ is Not ‘Useful’, ‘Convenient’, or ‘Rational’ (2022) (defending an interpretation of the Necessary and Proper Clause as “congruent and proportional” and testing it against different historical cases).
  6. Conor Casey, Constitutional Design and the Point of Constitutional Law (forthcoming 2022) (discussing John Finnis’s legal theory and its importance to constitutional theory).
  7. James Wilets, Tracy Garcia & Stephanie Rodriguez, A Critique of the Judicial Appointment Process and Rule of Law in the United States: A Comparative Perspective (2022) (pointing out some shortcomings in the US judicial appointment process and highlighting possible comparative solutions that could strike a balance between accountability, public confidence, and judicial independence).
  8. Steven D. Smith, Larry Alexander, James Allan & Maimon Schwarzschild, A Principled Constitution? Four Skeptical Views (forthcoming 2022) (criticizing conceptions of the US Constitution as a strongly value-laden, “dos and don’ts” legal document).

Calls for Papers and Announcements

  1. Edward Elgar announced the launch of “Comparative Constitutional Studies,” a new international journal for constitutional and public law scholarship edited by Adrienne Stone and Lael Weis. The journal welcomes high-quality original scholarly contributions on any topic in comparative public law.
  2. The University of Memphis Law Review calls for papers for its Spring 2023 hybrid and in-person Symposium titled “(How Much) Should We Pay Them? The Shifting Legal Landscape of Collegiate Competition,” which will take place on February 24, 2023. The deadline for submitting a manuscript or abstract is October 15, 2022.
  3. The Journal “NAD. Nuovi Autoritarismi e Democrazie: Diritto, Istituzioni, Società (New Authoritarian Regimes and Democracies: Law, Institutions, Society)” invites submission of contributions to its second issue of 2022. A special section will be dedicated to “Climate change in Asia, Africa and Latin America: Political and Legal perspectives.” Submission deadline is October 15, 2022, for Essays, and November 15, 2022, for other contributions.
  4. The European Society for Comparative Legal History calls for papers for its 7th Biennial Conference to be held at the University of Augsburg on June 21-23, 2023. Submission deadline is November 15, 2022.
  5. The University of Barcelona and the Salvador de Madariaga University Institute for European Studies, with the support of the ESIL Interest Groups on the Law of the Sea and on International Organisations, call for abstracts for the International Congress “Sustainability in the Sea: A Gaze from the Mediterranean Barcelona,” which will take place at the Law Faculty of the University of Barcelona on December 19, 2022. Deadline for submission is October 21, 2022.
  6. “Clio@Themis. Revue électronique d’histoire du droit” calls for article proposals for its 27th issue to be published in November 2024. Abstract submissions are due by December 1, 2022.
  7. The NATO Cooperative Cyber Defence Centre of Excellence calls for submissions to the legal track of the 15th International Conference on Cyber Conflict (CyCon) titled “Meeting Reality”, to be held in Tallinn from May 30 to June 2, 2023. Submission deadline is 15 October 2022.

Elsewhere Online

  1. Jurisdictional Immunities v Grave Crimes: Reflections on New Developments from Ukraine EJIL:Talk!
  2. Tom Boekestein, Here We Stand: Initial thoughts on the standing of the four European judges’ associations in their action against the decision to unblock funds to Poland Verfassunsblog
  3. Simona Grossi, Roe v. Wade and the Abortion Rights Jurisprudence IACL-AIDC BLOG
  4. Robert Hazell & Bob Morris, Demise of the Crown: what happens next? The Constitution Unit
  5. Lisa James, Boris Johnson’s constitutional legacy, The Constitution Unit
  6. Tarunabh Khaitan, Facing Up: Impact-Motivated Research Endangers not only Truth, but also Justice Verfassungsblog
  7. Eric Segall, Originalism, Deference, and Judicial Hypocrisy Dorf On Law
  8. Margaretha Wewerinke-Singh, Pakistan’s Call for Climate Reparations An International Law Perspective Verfassungsblog
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Published on September 13, 2022
Author:          Filed under: Developments
 

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