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What’s New in Public Law


Eman Muhammad Rashwan, Lecturer of Public Law, Cairo University, Egypt; Visiting Lecturer of Law, Hamburg University, Germany


In this weekly feature, I-CONnect publishes a curated reading list of developments in public law. “Developments” may include links to news, high court decisions, new or recent scholarly books, 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. Uganda’s Constitutional Court has held that the provisions of the UPDF Act as far as it vests jurisdiction in the Court Martial to try civilians with criminal offenses are unconstitutional.
  2. The V. Civil Senate of the German Federal Court of Justice decided that a municipality does not violate the requirement of appropriate contract design if it reserves a right of repurchase if the buyer does not build a residential building within eight years, within the framework of an urban development contract at a market price.
  3. South Korea’s Constitutional Court on Thursday ruled in favor of the launch of the police bureau, backing the Yoon Suk-yeol administration’s moves to regain control of the police.
  4. Spain’s Constitutional Court on Monday voted six votes to five to grant an order sought by the opposition People’s Party (PP), which paralyzed the government bill to change how the judiciary’s governing council, known as General Council of the Judiciary (CGPJ), operates.
  5. The South Korean Constitutional Court has ruled that the current Assembly and Demonstration Act, which prohibits assemblies and demonstrations within 100 meters of the presidential residence, is unconstitutional.

In the News

  1. The Peruvian Congress rejected a proposed constitutional reform to bring forward elections and shorten presidential and parliamentary terms by 49 votes in favor, 33 against, and 25 abstentions.
  2. On Tuesday, the US lawmakers unveiled the must-pass spending bill, which strengthened human rights conditions placed on Egypt’s annual military assistance.
  3. The Lebanese Coalition of Independence of the Judiciary (IJC) issued a statement against the Bureau of the State Council (SC) targeting judges’ participation in any committee or performance of any work beyond, without prior approval of the SC’s president, saying that judges are entitled to participate in judicial reform too.
  4. Tunisia recorded on Dec 17 the lowest electoral turnout in its recent history following President Kais Saied’s suspension of parliament and subsequent redrawing of the country’s political map. Its main opposition alliance called on Saied to “leave immediately” as voters overwhelmingly snubbed the legislative election in what officials at the country’s Instance Supérieure Indépendante pour les Élections (ISIE) said was a participation rate of 8.8%.
  5. Iranian authorities, aided by the judiciary, have started carrying out execution sentences against protesters as demonstrations approach their fourth month and pose one of the most serious challenges to the ruling theocracy in Iran.

 New Scholarship

  1. Tom Baker and Anja Shortland, The Government Behind Insurance Governance: Lessons for Ransomware, Regulation, and Governance (Forthcoming 2023) (analyzing how governments support insurance markets to maintain insurability and limit risks to society)
  2. Diane E. Hoffmann and Katherine E. Goodman, Allocating Scarce Medical Resources During a Public Health Emergency: Can We Consider Sex?, Houston Journal of Health Law and Policy (Forthcoming 2023) (evaluating the legality of a hypothetical COVID-19 monoclonal antibody allocation algorithm, which includes male sex as a risk factor, under the Equal Protection Clause of the Fourteenth Amendment and Section 1557 (the antidiscrimination provision) of the Affordable Care Act)
  3. Shuping Li, The Criminalisation of Cryptocurrency Operation in China: Limits of Private Money Reconsidered, Hong Kong Law Journal, Volume 23 Part 1 (Forthcoming 2023) (examining the governance model and the political-economic considerations in the criminalization trend of cryptocurrencies in China since 2017)
  4. Dimitris Liakopoulos, The Palestinian Question and the Role of the International Criminal Court, Research Journal of Public Security and Public Order (2022) (dealing with the latest ruling of the ICC of February 2021 and the situation in Palestine)
  5. William Partlett and Herbert Küpper, The Post-Soviet as Post-Colonial: A New Paradigm for Understanding Constitutional Dynamics in the Former Soviet Empire, Elgar Monographs in Constitutional and Administrative Law (2022) (describing the collapse of the Soviet Union as a moment of decolonization and the post-1991 constitution-building experience as a postcolonial one, and then adding new facets to post-colonial constitutional theory by presenting a third type of (ideology-based) colonialism and a third type of decolonization)

Calls for Papers and Announcements

  1. Center for Global Constitutionalism at the WZB Berlin Social Science Center and the Martin-Luther-University Halle-Wittenberg are conducting an online workshop entitled “Constitutionalism Beyond the State and the Role of Domestic Constitutional Courts: Solange – 50th Anniversary” at the occasion of the upcoming 50th Anniversary of the Solange I-decision of the German Constitutional Court on 12 – 13 January 2023. Registration is available by sending an email to solange-conference@jura.uni-halle.de.
  2. The Erasmus School of Law is recruiting a full-time postdoctoral researcher in Quantitative Empirical Legal Studies in the field of Law or Criminology for its new research center, Public and private interests: Towards a new balance.
  3. Submissions are now open for the upcoming Alexander von Humbodt-Stiftung International Climate Protection Fellowship for prospective leaders and postdocs.
  4. The Department of Economics at the Faculty of Law, Charles University in Prague, is seeking candidates who focus on Law & Economics or Experimental Economics and who are enthusiastic about the intersection of law, economics, computer science, and data science for a five-year position at the postdoctoral level, starting Spring 2023.
  5. The Centre for Constitutional Studies will be co-sponsoring an upcoming conference at the University of British Columbia’s Allard School of Law that will gather constitutional law scholars and theorists to discuss some of the most pressing challenges facing constitutional democracies today, including those posed by populism, pluralism, globalization, gender inequality, colonization, and climate change. Registration is open here.

Elsewhere Online

  1. Dave Busfield-Birch, The Constitution Unit blog in 2022: a guide to the last 12 months of constitutional news, The Constitution Unit Blog
  2. S. Hendrianto, SJ, Constitutional Thomism: A Modest Proposal, The European Conservative
  3. Leonid Sirota, In the Name of God, Go!  The Canadian Judicial Council wants a tardy, cantankerous judge gone. So do I, Double Aspect
  4. Lynn Schneider, The threat of far-right extremism in Germany: A matter of child protection, ICCT
  5. Sarah Al-Areqi, ‘If Only…’: Women’s Resistance and Hope in the Face of Enforced Disappearance in Yemen, YEMEN POLICY CENTER
  6. Jasper Krommendijk and Mikhel Timmerman, The Slippery Slope of a Snooping Strasbourg: The erroneous application of EU law as an ECHR breach, Verfassungsblog
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Published on December 27, 2022
Author:          Filed under: Developments
 

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