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What’s New in Public Law


Matteo Mastracci, Digital Rights Researcher, Balkin Investigation Reporting Network (BIRN), and PhD Researcher, Koç University, Istanbul


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. New Zealand’s supreme court has quashed the convictions of Peter Ellis, based on a substantial miscarriage of justice, who was convicted of child sexual abuse in 1993 in a highly controversial case that included allegations of large-scale ritual abuse.
  2. Russia’s Constitutional court recognised as lawful treaties signed by President Vladimir Putin to annex the self-proclaimed Donetsk People’s Republic and Luhansk People’s Republic, as well as the Kherson and Zaporizhzhia regions.
  3. The Constitutional Court of South Africa will hear the applications to appeal the decision declaring the suspension of the South African advocate, prosecutor and ombudsman Busisiwe Mkhwebane invalid next November 24.
  4. The Supreme Court of Israel overturned the Central Elections Committee rulings against the Arab nationalist Balad party and former Yamina MK Amichai Chikli, allowing them to run in the upcoming elections.
  5. The UK High Court of Justice dismissed the appeal filed by the organisation Good Law Project (GLP) which challenged the legality of the government’s lateral flow test contracts.

In the News

  1. The Bosnian state court has confirmed an indictment charging Mile Stojanovic, former commander of the Army Vehicle Squad, for participating in the illegal detention of around 150 Bosniak civilians, two of whom died, in the Rajlovac area, near Sarajevo, in 1992.
  2. The Justice Ministry of Ukraine has appealed to the competent authorities of the Republic of Austria for the extradition of former Chairman of the Constitutional Court of Ukraine Oleksandr Tupytsky to Ukraine
  3. The Turkish parliament on Wednesday elected a former deputy interior minister with the ruling Justice and Development Party (AKP) as a member of the Turkish Constitutional Court, prompting condemnation from opposition officials.
  4. Two US top judges temporarily blocked State abortion bans. In Ohio, a county judge indefinitely suspended a state law prohibiting most abortions after six weeks of pregnancy. A few hours later, an appeals court in Arizona temporarily blocked its pre-statehood law banning the procedure.
  5. UN Security Council voiced concern over the latest coup in Burkina Faso, calling on the parties in the West African country to settle their differences through dialogue.

New Scholarship

  1. Juliano Zaiden Benvindo, The Rule of Law in Brazil. The Legal Construction of Inequality (2022) (offering a critical appraisal of the functioning, evolution, and dynamics of the rule of law in Brazil where social inequality and authoritarianism still play a major role)
  2. Christoph Bezemek, Constitutionalism 2030 (2022) (critically examining the future of in the next decade)
  3. Eman Muhammad Rashwan, The ugly truth behind transitional justice in the post-revolution phase: A constitutional law and economics analysis, Global Constitutionalism, Cambridge University Press (2022) (exploring the transitional justice dilemmas after revolutions have overthrown autocratic regimes through developing a model that uses a law and economics methodology)
  4. Chris Monaghan, Accountability, Impeachment and the Constitution The Case for a Modernised Process in the United Kingdom (2022) (exploring the historical development of impeachment in the UK and comparing it with the United States and Danish experiences)
  5. Stefan Griller, Lina Papadopoulou and Roman Puff (eds.) (2022) National Constitutions and EU Integration (offering a comparative analysis of individual constitutions in the EU Member States and assessing them from the perspective of the future evolution of European integration)

Calls for Papers and Announcements

  1. Paper proposals and fully-formed panels are due by October 26 for the Global Summit on Constitutionalism at the University of Texas at Austin.
  2. ARENA Centre for European Studies at the University of Oslo (UiO) invites applications for a permanent position as a Senior Researcher or Researcher in European Studies, including political science, sociology, economics or other relevant social science fields. Interested applicants can apply by 10 November 2022.
  3. International IDEA and The Edinburgh Centre for Constitutional Law welcome Zaid Al-Ali to discuss his recent publication, “Arab Constitutionalism: The Coming Revolution.” The event will be held on Thursday 11 November. Tickets are free, but Zoom registration is mandatory.
  4. The Department of Law of the European University Institute seeks candidates for a Chair in Public International Law. Candidates should be engaged in teaching and scholarship in Public International Law and would be expected to teach and supervise broadly across this subject area. Interested applicants can apply by 14 November 2022.
  5. The Global Constitutionalism Study Group and the Institute of Comparative Law, Waseda University, organize a conference on Global Crisis and Global Legal Orders: “What should we now discuss for the Future of Global Legal Ordering?” The conference will take place on 1-2 March 2023 in a hybrid format. The deadline for abstract submissions is 30 November 2022.
  6. The Sussex Centre for Migration Research (SCMR) organizes a conference on “Migration and Global Inequalities,” to be held next October 19. To check the full program of the speakers and to register for the upcoming event, interested participants are invited to register through Eventbrite.

Elsewhere Online

  1. Asylai Akisheva, Rising violence against women and girls sparks outrage in Kyrgyz society, Global Voices
  2. Charly Derave and Hania Ouhnaoui, C.E. and Others v. France: legal recognition of intended parenthood from previous same-sex relationships (between women), Strasbourg Observers
  3. Christian Bueger and Tobias Liebetrau, Nord Stream sabotage: the dangers of ignoring subsea politics, The Loop
  4. Eleni Stamatoukou, Greek Arrest Warrant Against Journalist Whistleblower Condemned, B.I.R.D.
  5. Jens Woelk and Maja Sahadžić, Cutting the Gordian Knot in Bosnia and Herzegovina, Verfassungsblog
  6. Loqman Radpey, Remedial Peoplehood: Russia’s New Theory on Self-Determination in International Law and its Ramifications beyond Ukraine, EJIL: Talk!
  7. Madalin Necsutu, Moldova’s Ex-President Dodon Indicted for Corruption, Illicit Enrichment, Balkan Insight
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Published on October 10, 2022
Author:          Filed under: Developments
 

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