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I·CONnect

Blog of the International Journal of Constitutional Law

What’s New in Public Law


Boldizsár-Szentgáli Tóth, Research Fellow at the Hungarian Academy of Sciences and the Etvos Loránd University


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 contact.iconnect@gmail.com.

Developments in Constitutional Courts

  1. United States Supreme Court ruled against the Trump administration in a dispute over federal court power to review noncitizens’ claims that they will be tortured in their home countries if they are deported.
  2. The Constitutional Court of South Africa ruled that the country’s Electoral Act is unconstitutional as it does not provide for adult citizens to be elected to the National and Provincial Legislatures as independent candidates.
  3. 1st Panel of the Constitutional Court of Latvia initiated the case concerning a norm that prohibits organising of gambling in the interactive environment.
  4. The Federal Constitutional Court of Germany ruled that the publication of an interview on the website of the Federal Ministry of the Interior violates the right of a political party to equal opportunities in the political competition.
  5. The Supreme Court of Ukraine submitted a petition to the Constitutional Court regarding the constitutionality of restrictions on the rights and freedoms of citizens during the quarantine.

In the News

  1. The Supreme Court of Florida blocked a proposed amendment for the ban on assault weapon bans from going to the ballot.
  2. The High Court of Pretoria in South African found some coronavirus lockdown regulations imposed by the government unconstitutional and invalid.
  3. The US National Constitution Centre opens a new exhibit on women’s suffrage movement and 19th amendment to mark 100 years of women’s right to vote.
  4. Iowa governor signed the voting rights bill that will allow convicted felons to get their voting rights back only after they have paid full restitution to victims.
  5. Two New Jersey senators have introduced a resolution for a state constitutional amendment that would ensure New Jersey would never again be subjected to open-ended executive orders.
  6. The Constitution Committee of the UK Parliament published a report on the constitutional issues and legislative challenges of delivering Brexit.
  7. Nepal postponed scheduled discussion on a constitutional amendment to update the political map of the country.
  8. The referendum on proposed amendments of the Constitution of Russia was rescheduled to July 1 2020.
  9. The Crisis in Zimbabwe Coalition (CiZC) called on the Parliament to suspend the hearings on a proposed constitutional change due to the coronavirus concerns until the public health stabilises.
  10. The South Pacific Lawyers’ Association (SPLA) expressed concern about Samoa’s proposed constitutional changes.
  11. The President of Maldives singed changes to Article 231 of the Maldives’ Constitution, which pertains to the elections for Local Councils. The amendments added two new provisions under the article in question, allowing for the tenure of the incumbent atoll, city and island councils to be extended past their specified term-limits of three years, under exceptional circumstances.

New Scholarship

  1. Juan Sebastián and Villamil Rodríguez, Legal Pluralism and Transitional Justice: Is the Special Jurisdiction for Peace a Hybrid Tribunal?, 26 International Journal of Constitutional Law (2020) (explaining how legal pluralist nature of the Special Jurisdiction for Peace supports its legitimacy and stability)
  2. artinico Giuseppe, Vu Xueyan (eds), A Legal Analysis of the Belt and Road Initiative: Towards a New Silk Road? (2020) (examining the Belt and Road Initiative from a legal perspective)
  3. Sofia Ranchordás and Yaniv Roznai, Time, Law, and Change: An Interdisciplinary Study (2020) (examining the often-overlooked relationship between time, change, and lawmaking)
  4. David Kosař, Jan Petrov, Katarína Šipulová, Hubert Smekal, Ladislav Vyhnánek, and Jozef Janovský, Domestic Judicial Treatment of European Court of Human Rights Case Law Beyond Compliance (2020) (empirically examining how often, how and with what consequences domestic judges work with the case-law of the European Court of Human Rights)
  5. Jorge M. Farinacci-Fernós, The Constitution is Dead, Long Live the Constitution! The Creation, Endurance and Modification of Modern Revolutionary Constitutions, 25 Barry Law Review (2020) (examining three stages of constitutional existence – creation, endurance, and change)
  6. Paul Linden-Retek, History, system, principle, analogy: Four paradigms of legitimacy in European law, 26 Columbia Journal of European Law (2020) (examining attentiveness to socio-cultural registers of judicial reasoning as a predicate for the legitimacy of post-national legal commitments in the European Union)

Call for Papers and Announcements

  1. The International Forum on the Future of Constitutionalism invites all to attend a free online seminar on How to Write a Book Proposal–Insights from Publishers, featuring remarks from editors at three publishers.
  2. The DIRPOLIS Institute at the Sant’Anna School of Advanced Studies in Pisa invites application for Visiting Professorships in the academic year 2020-2021. The deadline for applications is July 1, 2020.
  3. The International Forum on the Future of Constitutionalism invites all to register for an online course on “Judging in Times of Crisis: Conversations with High Court Judges around the World,” featuring Supreme and Constitutional Court judges from Brazil, Canada, the Caribbean, Italy, Portugal, South Africa, and Taiwan.
  4. New University and group Diritti Comparati organised a webinar on “Democracy, Rule of Law and Authoritarian Populisms: A Postcard from Europe.” Live Webinar: June 10 h 15-17
  5. The International Forum on the Future of Constitutionalism invites participants to register for the course “The Future of Liberal Democracy: Global Dialogues with Leading Scholars”. The six-week course will be held live on Zoom starting on July 22, 2020.
  6. The Institute of Advanced Legal Studies (IALS) and Westminster Foundation for Democracy (WFD) organise a digital conference “Are emergency measures in response to COVID-19 a threat to democracy? Fact and Fiction,” concentrating on the nature of emergency legislation adopted in various countries in response to the coronavirus/COVID-19 pandemic. The deadline for submission of abstracts is June 30, 2020.
  7. The Editorial Committee of Public Law welcomes submissions to the journal’s “analysis” section dealing with issues relating to the public law dimensions of the current Covid-19 pandemic. Deadline for submissions is June 30, 2020.
  8. The National Law Institute University (NLIU) Law Review invites submissions for its forthcoming issue. The deadline for submissions is June 30, 2020.
  9. The South African Journal on Human Rights (SAJHR) and the SARChI Research Chair in Equality, Law and Social Justice, Wits School of Law invite abstract submissions for participation in a (virtual) conference and a special edition of the SAJHR on “The Covid-19 Pandemic, Inequality and Human Rights in South Africa.” The deadline for applications is June 15, 2020.

Elsewhere Online

  1. Yuan Yi Zhu, The Supreme Court: Options for Change, UK Constitutional Law Association
  2. Nelson Tebbe, Micah Schwartzman, Richard Schragger, The Quiet Demise of the Separation of Church and State, The New York Times
  3. Sloka Shah, Coronavirus and the Constitution – XXX: PM-CARES Fund and the Right to Information Act, Indian Constitutional Law and Philosophy
  4. Markus Kaltenborn, Menschenrechtliche Sorgfaltspflicht in der globalen Lieferkette, Veefassungsblog
  5. Michael Keating: The UK and the EU – farther apart than ever?, Centre on Constitutional Change
  6. Lisa Forman, The Evolution of the Right to Health in the Shadow of COVID-19, Health and Human Rights
  7. Juan Pablo Bohoslavsky, COVID-19 Economy vs Human Rights: A Misleading Dichotomy, Health and Human Rights
  8. Gautam Gulati, Colum P. Dunne, and Brendan D. Kelly, Do COVID 19 responses imperil the human rights of people with disabilities?, Health and Human Rights
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Published on June 15, 2020
Author:          Filed under: Reviews
 

Five Questions with Gonzalo Ramírez Cleves


Richard Albert, William Stamps Farish Professor in Law and Professor of Government, The University of Texas at Austin


In “Five Questions” here at I-CONnect, we invite a public law scholar to answer five questions about her research and writing.

This edition of “Five Questions” features a short video interview with Gonzalo Ramírez Cleves, Professor of Constitutional Law at the Externado University of Colombia.

Asked to identify his favorite publication among the ones he has authored, he selected Límites de la reforma constitucional en Colombia, published by the Externado University Press.

To nominate someone for a future edition of “Five Questions,” please email contact.iconnect@gmail.com. We welcome all nominations. We are especially eager to receive nominations of early-career scholars and women.

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Published on June 14, 2020
Author:          Filed under: Reviews
 

Five Questions with Juliano Zaiden Benvindo


Richard Albert, William Stamps Farish Professor in Law and Professor of Government, The University of Texas at Austin


In “Five Questions” here at I-CONnect, we invite a public law scholar to answer five questions about her scholarship.

This edition of “Five Questions” features a short video interview with Juliano Zaiden Benvindo, Associate Professor of Constitutional Law at the University of Brasilia.

Asked to identify his favorite publication among the ones he has authored, he selected On the Limits of Constitutional Adjudication: Deconstructing Balancing and Judicial Activism, published in 2010.

To nominate someone for a future edition of “Five Questions,” please email contact.iconnect@gmail.com. We welcome all nominations. We are especially eager to receive nominations of early-career scholars and women.

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Published on June 11, 2020
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Constitutionalism in the Time of Corona

Yvonne Tew, Georgetown University Law Center*

[Editor’s note: This is one of our biweekly I-CONnect columns. For more information about our four columnists for 2020, please click here.]

It’s been said that when democracy dies, it is rarely pronounced dead on the scene.[1] Often, though, we can point to a definitive time when democracy gasps for survival.

Sometimes democracy’s struggle comes amidst a global pandemic. Over the last few months, governments around the world have invoked extraordinary measures to respond to the coronavirus crisis.[2] Asia has been no exception. The Philippines passed legislation that granted President Rodrigo Duterte special emergency powers, approved by Congress using Zoom.[3] In Thailand, Prime Minister Prayuth Chanocha invoked powers that include the authority to censor or shut down the media.[4] The Indonesian government has moved to pass an omnibus bill that would consolidate eighty laws to concentrate authority in the central government and give sweeping powers to the executive.[5]

And occasionally even an exact hour can be identified. On May 18, 2020, Malaysia’s Parliament convened for an unusual one-day parliamentary sitting.[6] Barely an hour after the members of Parliament had gathered, the meeting was over, and Parliament adjourned for months.

The one-day sitting was the first time that Malaysia’s Parliament had convened since a new governing coalition had taken over the government earlier this year.[7] No other matter was allowed on the agenda besides the King’s half-hour opening address. Although the speaker of the lower house had initially accepted a vote of no confidence tabled against the newly appointed prime minister, Muhyiddin Yassin,[8] that motion was later dropped. Citing the coronavirus pandemic, the government made clear that the king’s speech would be the only order of business for the meeting.[9] No debate and questions were permitted during the parliamentary sitting.[10]

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Published on June 10, 2020
Author:          Filed under: Developments
 

Five Questions with Yvonne Tew


Richard Albert, William Stamps Farish Professor in Law and Professor of Government, The University of Texas at Austin


In “Five Questions” here at I-CONnect, we invite a public law scholar to answer five questions about her scholarship.

This edition of “Five Questions” features a short video interview with Yvonne Tew, Associate Professor of Law at Georgetown University.

Asked to identify her favorite publication among the ones she has authored, she selected Constitutional Statecraft in Asian Courts, forthcoming at Oxford University Press.

To nominate someone for a future edition of “Five Questions,” please email contact.iconnect@gmail.com. We welcome all nominations. We are especially eager to receive nominations of early-career scholars and women.

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Published on June 9, 2020
Author:          Filed under: Reviews
 

What’s New in Public Law


Vini Singh, Assistant Professor & Doctoral Research Scholar, National Law University Jodhpur, India.


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 contact.iconnect@gmail.com.

Developments in Constitutional Courts

  1. The High Court of Australia ruled that the detainees of Don Dale who were deliberately and intentionally teargassed are entitled to compensation.
  2. The Constitutional Court of Taiwan upheld the right to privacy and sexual autonomy and declared the laws criminalizing adultery as unconstitutional.
  3. The High Court of South Africa declared lockdown restrictions as unconstitutional.
  4. The Supreme Court of the United States upheld the restrictions imposed by Governor of California on attendance in places of worship due to COVID – 19.
  5. The ECHR held Azerbaijan liable for discrimination and violation of right to life in Gurgen Margaryan’s case.

In the News

  1. Protests over the death of George Floyd continue across U.S.
  2. The Supreme Court of India proposes that the States should send stranded migrant workers home within 15 days and must generate employment opportunities for those returning home.
  3. Central African Republic’s Constitutional Court rejects bid to extend President’s mandate. 
  4. Kosovo’s Constitutional Court paves way for new government.
  5. Burundi’s Constitutional Court rules that the presidential elections held on May 20, were flawless and that Evariste Ndayishimiye is the president – elect.
  6. Kenya’s President strips his deputy of powers.
  7. The Supreme Court of India rejects plea for renaming India to Bharat.
  8. Eight democracies including the U.S. form the Inter – Parliamentary Alliance on China.
  9. Pakistan’s Supreme Court rejects the plea against acquittal of convicts in the Daniel Pearl case.

New Scholarship

  1. Joanna Bell, The Anatomy of Administrative Law (2020) (examining the nature of administrative law doctrine and adjudication).
  2. Andrew T. Kenyon & Andrew Scott, Positive Free Speech: Rationales, Methods and Implications (2020) (interrogates the rationales of positive free speech, the political and juridical methods by which it is reflected in modern state and practical contexts in which its valorisation has significant implications.)
  3. Mordechai Kremnitzer, Talya Steiner and Andrej Lang, Proportionality in Action: Comparative and Empirical Perspectives on the Judicial Practice (2020) (empirically examines the proportionality doctrine in a comparative study of six jurisdictions).
  4. Gary J. Jacobsohn and Yaniv Roznai, Constitutional Revolution (2020) (examines the many ways in which constitutional revolution occurs and what happens when constitutional paradigms change).
  5. Agnidipto Tarafder and Adrija Ghosh, The Unconstitutionality of the Marital Rape Exemption in India, 3(2) University of Oxford Human Rights Hub Journal 203 (2020) (argues that the marital rape exemption is unconstitutional in the light of the recent judgments of the Indian Supreme Court upholding right to privacy and sexual autonomy).

Calls for papers and announcements

  1. The International Journal of Discrimination and the Law invites submissions for a special issue entitled “COVID – 19: Lessons for and from Vulnerability Theory.” The deadline for submissions is October 31, 2020.
  2. The Institute of Advanced Legal Studies invites submissions for “The Director’s Series 2020/2021: Law and Humanities in a Pandemic.” The deadline for submission of abstracts is June 30,2020.
  3. The Editorial Committee of Public Law invites submissions to the journal’s analysis section on the theme “Public law dimensions of the current COVID – 19 pandemic.” The submission deadline for the January 2021 issue is end of June, 2020. 
  4. The Institute of Advanced Legal Studies and Westminster Foundation for Democracy are organizing a digital conference on “Are Emergency Measures in Response to COVID – 19 a Threat to Democracy? Fact and Fiction.” The deadline for submission of abstracts is June 30, 2020.
  5. The South African Institute for Advanced Constitutional, Public, Human Rights and International Law (University of Johannesburg) will conduct an online panel discussion on “Constitutional Law, the Global South and COVID – 19: Comparing Colombia, South Africa and India.” The Zoom meeting will be held on June 9, 2020 at 1500 hrs (GMT plus 2).
  6. The Eurac Research Institute for Comparative Federalism invites applications for the Federal Scholar in Residence Program 2021. Applications may be submitted by July 1, 2020.

Elsewhere Online

  1. Burcu Tuzcu Ersin and Burcu Guray, Turkish Constitutional Court: Decision to Completely Block Access to a News Site Violates Freedom of Speech and Freedom of the Press, Lexology.
  2. Angela Huyue Zhang, The Faceless Court, Verfassungsblog.
  3. Chrystie Swiney, Will Governments use Pandemic Emergency Orders to expand their Powers Indefinitely?, Washington’s Post Monkey Cage Blog.
  4. Chrystie Swiney, Grounding Breaking Case Identifies a New Fundamental Right: The Right to a Basic Education, Sunwater Institute.
  5. Benedikt Reinke, Rights Reaching Beyond Borders, Verfassungsblog.
  6. Gautam Bhatia, Coronavirus and the Constitution -XXI: The Mandatory Imposition of the Aarogya Setu App, Indconlawphil.
  7. Vini Singh, Technology, Privacy and COVID – 19 Pandemic, Economics, Law and Social Sciences Review.
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Published on June 8, 2020
Author:          Filed under: Developments
 

Book Review: Malcolm Feeley on “Ministers of Justice in Comparative Perspective” (Piotr Mikuli, Natalie Fox, and Radosław Puchta, eds.)


[Editor’s Note: In this installment of I•CONnect’s Book Review Series, Malcolm Feeley reviews Piotr Mikuli, Natalie Fox, and Radosław Puchta’s book on Ministers of Justice in Comparative Perspective (Eleven Publishing, 2019).]


Malcolm Feeley, Claire Sanders Clements Dean’s Professor, Jurisprudence and Social Policy Program, School of Law, University of California at Berkeley


This book addresses the age old question, Quis Custodiet Ipsos Custodes, who guards the guardians?  It focuses on ministries of justice and their responsibilities for overseeing courts.  To this end, the authors undertake an extensive review of the constitutional and legislative responsibilities of the ministries of justice of the United Kingdom, Ireland, Germany, Austria, France, Italy, and Poland.  The inquiry is animated by the authors’ question, do ministries of justice, invariably executive offices, undermine the judiciary by violating the separation of powers?  Their answer is, yes.

The book consists of a systematic review of the many ways these ministries affect courts.  It opens with a review of how ministers of justice are appointed and removed, and the range of their responsibilities.  Chapter two examines the impact of the minister of justice on the administration of the courts, including the determination of the internal organization of the courts, the creation and dissolution of courts, the appointment and dismissal of heads of courts, and the relationship between the ministry and court administration.   Chapter three explores the relationship between ministers of justice and judges, and the role of the minister in judicial selection, discipline, and education.   A final chapter examines the duties of ministers not directly related to the judiciary, such as responsibilities for prosecutors, probation, and corrections.   These core chapters are impressive; they explore these and still other functions of the ministries for all seven countries, and in so doing reveal a wide variety of arrangements and policies, many of which have the potential for doing mischief to the courts.  While the authors find that some arrangements are better than others in terms of fostering judicial autonomy, they conclude that none of them—not even the best features plucked from each the seven countries–assures the degree of separation of powers they deem essential.  In a short Epilogue, they set out their recommendation: ministries of justice should be abolished so as to protect judicial independence and a full separation of powers.  They then go on to show how the many useful functions currently performed by these ministries can transferred to other government units in ways that do not violate the separation of powers or weaken the courts. Indeed, they argue this proposed rearrangement will strengthen and protect the courts.

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Published on June 6, 2020
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Five Questions with Antoni Abat Ninet


Richard Albert, William Stamps Farish Professor in Law and Professor of Government, The University of Texas at Austin


In “Five Questions” here at I-CONnect, we invite a scholar to answer five questions about research and writing in public law.

This edition of “Five Questions” features a short video interview with Antoni Abat Ninet, Professor of Comparative Constitutional Law at the University of Copenhagen.

Asked to identify his favorite publication among the many he has authored, he chose Constitutional Violence: Legitimacy, Democracy and Human Rights, a book published by the Edinburgh University Press.

To nominate someone for a future edition of “Five Questions,” please email contact.iconnect@gmail.com. We welcome all nominations. We are especially eager to receive nominations of early-career scholars and women.

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Published on June 3, 2020
Author:          Filed under: Reviews
 

The EU Judiciary After Weiss – Proposing A New Mixed Chamber of the Court of Justice: A Position Paper

Daniel Sarmiento, Universidad Complutense de Madrid, and J.H.H. Weiler, NYU School of Law

There is little point in rehearsing in length, yet again, the all too justified laments about the unfortunate decision of the German Constitutional Court (“BVerfG”)  in the case of Weiss on the European Central Bank’s public asset purchase program.

Given the trivial nature of the BVerfG’s substantive “beef” with the European Central Bank (“ECB”), the economic impact will be correspondingly trivial. A simple question by an MEP to the ECB which, it seems someone needs reminding, is only answerable to EU Institutions, will enable it to point to its publically available records which will demonstrate, Urbi et Orbi, the breadth and depth of its deliberative process. And, ironically, in a spectacular twist of the Law of Unintended Consequences, many believe that the dramatic shift in Merkel’s approach to the crisis, is due in no small part as a reaction to the Weiss decision.

But the profound damage to the integrity of the Union’s legal order and its rule of law cannot be overstated. Yes, there can be, though hardly in this case, legitimate concerns about jurisdictional overreach of the Union. It is the ease with which the BVerfG brushed aside a decision of the Court of Justice and the grounds given for such, given the reputation (previously) enjoyed by the BVerfG, which will leave indelible traces with a potentially grave spill-over effect.

If every constitutional or high court of each of our Member States were to emulate the German example, it would really spell the end of the Union as an integrated legal space of justice and the rule of law and fatally damage the single market.

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Published on June 2, 2020
Author:          Filed under: Analysis
 

What’s New in Public Law


Maja Sahadžić, Research Fellow (University of Antwerp)


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 contact.iconnect@gmail.com.

Developments in Constitutional Courts

  1. The Constitutional Court of Germany ruled that external division in the context of pension sharing following divorce is compatible with the Basic Law when the provisions are applied in a manner that ensures conformity with the Constitution.
  2. The Constitutional Court of South Africa dismissed an application for leave to appeal a Supreme Court judgment on the binding nature of postnuptial contracts between married couples.
  3. The Constitutional Court of Germany concluded that monitoring the internet traffic of foreign nationals abroad partly breaches the Constitution.
  4. The Constitutional Court of Albania refused to review the appointment of a suspended vetting judge.
  5. The Supreme Court of Nepal ordered the government not to charge any cost to the people living under the poverty line and low-income returnees from abroad while testing the coronavirus infection.
  6. The Constitutional Court of Kosovo ruled that a decree appointing a new prime minister to replace the acting prime minister is legal.

In the News

  1. The Parliament of China approved the controversial Hong Kong security legislation.
  2. The Central Election Commission of Bosnia and Herzegovina postponed local elections due in October for six weeks after political rows held up the adoption of the annual state budget.
  3. The Ministry of Foreign Affairs of Germany summoned Russia’s ambassador over a hacking attack on German parliament in 2015.
  4. The Parliament of Lebanon ratified a $300m aid package for low-income families and vital sectors of the economy as the government attempts to stave off an economic collapse exacerbated by the coronavirus pandemic.
  5. The Parliament of Latvia became an online e-parliament and went live.
  6. The Federal Parliament of Germany debated on relaxing blood donation rules for LGBT+ men.
  7. The Parliament of Myanmar approved a budget for the country’s defense at the International Court of Justice against genocide charges.
  8. The Parliament of Bulgaria adopted a new food law about food safety.
  9. Antigua and Barbuda’s House of Representatives passed a cryptocurrency regulation bill towards becoming digital asset-friendly destinations in the Caribbean.
  10. The Parliament of Hungary banned gender recognition.

New Scholarship

  1. Malavika Prasad and Gaurav Mukherjee, Reinvigorating Bicameralism in India 3(2) University of Oxford Human Rights Hub Journal (2020) (showing how the decline of the parliamentary upper house in India manifested itself in the recent passage of a controversial biometric identification law, and arguing that a revival of parliamentary processes and sub-national politics, instead of constitutional litigation, can reinvigorate bicameralism).
  2. Viktoria Potapkina, Nation Building in Contested States, Comparative Insights from Kosovo, Transnistria, and Northern Cyprus (2020) (providing an overview of current nation-building processes in contested states).
  3. Cornelia Weiss, The Nineteenth Amendment and the U.S. “Women’s Emancipation Policy” in Post-World War II Occupied Japan: Going Beyond Suffrage, 53 Akron Law Review 387 (2019) (exploring the influence of the post-WWII military occupation of Japan on women’s constitutional rights and realities) 
  4. Irena Rosenthal, Democracy and Ontology, Agonism between Political Liberalism, Foucault and Psychoanalysis (2020) (investigating the relationship between liberal democracies and ontology, that is, philosophical claims about the constitution of agents and the social world).
  5. Xenophon Contiades and Alkmene Fotiadou (eds.), Routledge Handbook of Comparative Constitutional Change, (2020) (providing a comprehensive reference tool for all those working in the field and a thorough landscape of all theoretical and practical aspects of the topic).
  6. Francesco Biagi, European Constitutional Courts and Transitions to Democracy (2020) (examining the role of three generations of European constitutional courts in the transitions to democracy that took place in Europe in the twentieth century).
  7. Matej Avbelj, The European Union under Transnational Law, A Pluralist Appraisal (2020) (setting out the relationship between both transnational and EU law by exploring practical concrete problems that transnational law has posed to the EU).
  8. Joana Mendes and Ingo Venzke, Allocating Authority: Who Should Do What in European and International Law? (2020) (illustrating that public authority is relative between actors and relative to specific legitimacy assets).

Call for Papers and Announcements

  1. The South African Institute for Advanced Constitutional, Public, Human Rights and International Law (a center of the University of Johannesburg) and the Konrad Adenauer Stiftung organize the online panel discussion „Constitutional Law, the Global South and COVID-19: Comparing Colombia, South Africa and India“ to be held live on Zoom on 9 June 2020 from 15:00 to 16:30 (South African time – GMT plus 2). To register, send an email to naomi@saifac.org.za.
  2. The International Forum on the Future of Constitutionalism invites all to register for an online course on “Judging in Times of Crisis: Conversations with High Court Judges around the World,” featuring Supreme and Constitutional Court judges from Brazil, Canada, the Caribbean, Italy, Portugal, South Africa, and Taiwan.
  3. The European Policy Centre and the German Council on Foreign Relations invite to the online Policy Dialogue „Opening a Pandora’s box? The impact of the Karlsruhe decision on the EU’s rule of law agenda“ to be held online on 3 June 2020 from 11:00 to 12:30 (CEST).
  4. The International Forum on the Future of Constitutionalism invites participants to register for the course “The Future of Liberal Democracy: Global Dialogues with Leading Scholars”. The six-week course will be held live on Zoom starting on July 22, 2020.
  5. Friedrich Schiller University Jena organizes the workshop „International Patron-Client Relations in Secessionist Conflicts: Empirical Insights and Conceptual Innovations“ in Dornburg on 1-4 October 2020. The deadline for applications is 5 June 2020.
  6. The Baxter Family Competition on Federalism announces the call for applications. The deadline for applications is 1 February 2021.
  7. The Journal of Ethics and Legal Technologies invites papers for a special issue dedicated to „Responding to the Pandemic: Technological and Ethical Implications of Covid19 on Legal Education“. The deadline for submission is 15 June 2020.
  8. Loyola University Chicago School of Law hosts the Eleventh Annual Constitutional Law Colloquium in Chicago on 6-7 November 2020. Abstracts are due by 19 June 2020.
  9. The European Public Law Organization and the European Law & Governance School announce summer courses offered online.
  10. The International Forum on the Future of Constitutionalism welcomes all to register for an online seminar on June 12, 2020, to debate the question “Is the U.S. Constitution Broken?” featuring Mark Graber, Jamal Greene, Sanford Levinson, and Julie Suk.

Elsewhere Online

  1. Brian Christopher Jones, A single written UK constitution may only make things worse, UK Constitutional Law Association Blog
  2. Ronan Cormacain, Instinct or rules: making moral decisions in the Cummings scandal, UK Constitutional Law Association Blog
  3. Dele Babaloa, Federalism and the Covid-19 pandemic: the Nigerian experience, UACES Territorial Politics
  4. Julian R Murphy, Divided we fall? – Division and coordination in federal systems during a time of crisis, BACL
  5. Ross Booth, Academics and pandemics: A student’s perspective during the lockdown, AfricLaw
  6. Russell A. Miller, The German Constitutional Court Nixes Foreign Surveillance, Lawfare
  7. Abdurrachman Satrio, Checking the Unchecked Power: The Role of the Indonesian Constitutional Court during the Pandemic, IACL-AIDC BLOG
  8. Ali Yildiz and Leighann Spencer, The Erosion of Property Rights in Turkey, IACL-AIDC BLOG
  9. Cristina Fernández González, The Covid-19 Whistleblowers, Eureka!
  10. Dan Farber, What’s in a Name? “Climate change”? “Disruption”? “Crisis”? “Emergency”? Why is this so hard?, Legal Planet
  11. Elisa Minsart and Vincent Jacquet, Permanent joint committees in Belgium: involving citizens in parliamentary debate, The Constitution Unit
  12. David Kenny, Remote sittings for Ireland’s parliament: questionable constitutional objections, The Constitution Unit
  13. Trésor M. Makunya, DRC’s Constitutional Court: Broken shield in overseeing the executive in emergencies?, ConstitutionNet
  14. Eva Pils, China’s Response to the Coronavirus Pandemic: Fighting Two Enemies, Verfassungsblog
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Published on June 1, 2020
Author:          Filed under: Developments