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What’s New in Public Law


Claudia Marchese, Research Fellow in Comparative Public Law at the University of Sassari (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 Constitutional Court of Thailand ruled that Prime Minister Prayuth Chan-ocha had not exceeded the maximum eight years allowed in office, clearing the way for his return from a five-week suspension.
  2. Judge Konstantin Aranovsky has resigned from the Constitutional Court of Russia.
  3. The Supreme Court of India ruled that all women, irrespective of their marital status, are entitled to safe and legal abortions in India.
  4. The U.S. Supreme Court will resume its work after the summer break with regards to the landmark Clean Water Act case Sackett v. EPA and a new justice — Ketanji Brown Jackson — on the bench.
  5. In a unanimous judgment, the Constitutional Court of South Africa confirmed the Pretoria High Court’s finding that the Copyright Act 1978 is unconstitutional and unfairly discriminatory to the extent that it fails to provide formats accessible for people with visual and print disabilities.

In the News

  1. The High Representative on behalf of the European Union declared thatthe EU condemns in the strongest possible terms the illegal referenda conducted in parts of the Donetsk, Kherson, Luhansk, and Zaporizhia regions of Ukraine currently and partially occupied by Russia. The EU will not recognise these “referenda” and their outcome, nor any decision taken based on this outcome.
  2. Russian President Vladimir Putin signed treaties formally annexing four Ukrainian regions – Donetsk, Kherson, Luhansk, Zaporizhia – currently occupied by Russian forces.
  3. EU Energy Ministers reached a political agreement on a regulation on an emergency intervention to address high electricity prices determined by the Russian-Ukrainian crisis.
  4. Italian voters elected all members of the two Chambers of the Parliament. The right-wing coalition led by Giorgi Meloni’s Brothers of Italy party has won a clear majority.
  5. In Myanmar a military court convicted Aung San Suu Kyi to three years in jail for violating the official secrets act. Suu Kyi has already been convicted in several other criminal trials and sentenced to more than 20 years.

New Scholarship

  1. In Myanmar a military court convicted Aung San Suu Kyi to three years in jail for violating the official secrets act. Suu Kyi has already been convicted in several other criminal trials and sentenced to more than 20 years.
  2. Koldo Casla, Magdalena Sepúlveda, Vicente Silva, Valentina Contreras (eds.), Social Rights and the Constitutional Moment. Learning from Chile and International Experiences (2022) (providing rigorous answers to fundamental questions raised by the adoption of a new constitutional bill of rights that embraces climate and social justice).
  3. Robert Hazel, Timothy Foot, The Executive Power (forthcoming 2022) (analyzing the royal prerogatives in the changing landscape of the British constitution).
  4. Ian Loveland (ed.), British and Canadian Public Law in Comparative Perspective (2021) (exploring current human rights controversies arising in UK law in the light of the way such matters have been dealt with in Canada).
  5. Cedric Jenart, Outsourcing Rulemaking Powers (2022) (analyzing the outsourcing of rulemaking powers focusing on five specific jurisdictions, the UK, United States, Belgium, France, and Germany).
  6. Rosalin Dixon, Tom Ginsburg, and Adem K. Abebe, Comparative Constitutional Law in Africa (forthcoming 2022) (this book is a crucial resource on the rich diversity of African constitutional law).

Calls for Papers and Announcements

  1. On 20-21 October 2022, on the occasion of the 50th Anniversary of the Stockholm Conference, the International Association of Constitutional Law (IACL), the Union of Turkish Bar Associations and the Association of Research on Constitutional Law & The International Center for Comparative Environmental Law will host in Ankara a conference on “Environment, Climate Change and Constitutionalism.”
  2. The School of Transnational Governance of the European University institute (EUI) has organized an online seminar that will be held on 4 October 2022 to launch the REDemocracIA Network, a forum for the debate, identification, and development of good practices for AI governance in Ibero-American countries. The main objective of this seminar is to present the new network and to make a call for expressions of interest from entities and individuals interested in joining this initiative.
  3. The Foundation Maison des Sciences de l’Homme (FMSH) and its partners offer mobility aid for postdoctoral researchers in humanities and social sciences for a period of two to three months. The deadline for application is 9 December 2022.
  4. The Foundation Maison des Sciences de l’Homme (FMSH) promotes the “Directeurs d’Études Associés” (DEA) program which is aimed at providing financial support for the mobility in France of foreign professors for a period of four to six weeks to carry out research in social sciences. Applications can be sent by 21 November 2022.

Elsewhere Online

  1. Florian Hoffmann, Constitutionalism under Bolsonaro, Verfassungsblog
  2. Michael Riegner, Globalisation on the Right. Bolsonarism and the Circulation of Illiberal Legal Ideas, Verfassungsblog.
  3. Bertil Emrah Oder, The Resistance-Deference Paradox. On strategies, survival, and partnership of the Turkish Constitutional Court, Verfassungsblog.
  4. Gábor Halmai, Coping Strategies of the Hungarian Constitutional Court since 2010, Verfassungsblog.
  5. Sangeetha Pillai, Judicial agreements and disagreements in Alexander v Minister for Home Affairs, AUSPUBLAW.
  6. Sandile Innocent Nhlengetwa, The High Court disbars a famous lawyer: Disbarment in South Africa, AfricLaw.
  7. Megha Mehta, Centering Women’s Voices – A Feminist Analysis of Religious Freedom and the Hijab Case, Indian Constitutional Law and Philosophy.
  8. Olga Hałub-Kowalczyk, What do Rivers have to do with Human Rights? A Spotlight on Recent Problems, OxHRH Blog.
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Published on October 3, 2022
Author:          Filed under: Developments
 

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