What’s New in Public Law

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–Angélique Devaux, Cheuvreux Notaires, Paris, France, Diplômée notaire, LL.M. Indiana University Robert H. McKinney School of Law

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 Ukraine declared constitutional the draft law on the abolition of lawyer’s monopoly.
2. A US federal Appeals Court in Washington DC declared unconstitutional the structure of the federal tribunal reviewing the structure of patents and suggested.
3. A US District Court declared unconstitutional legal requirement in Virginia to identify their race on marriage applications.
4. The Constitutional Court of Belgium ruled the annual tax on security accounts unconstitutional due to the infringement of the principles of equality and non-discrimination.
5. A Japanese court declared the vote-value disparity in House of Councillors election constitutional.
6. The Washington State Supreme Court ruled that there is no vested right to access public records in the State.

In the News

1. Northern Ireland abortion laws has now taken effect.
2. Hong Kong announced the formal withdrawal of the Fugitive Offenders and Mutual Legal Assistance in Criminal Matters Legislation (Amendment) Bill 2019 which had led to protests.
3. Zambia proposes constitutional amendments altering state-religion relations and enhancing the powers of the executive vis-a-vis the legislature.
4. The Speaker of the House of Representatives of Nigeria pledges to amend the Constitution and electoral act.
5. Qatar is preparing for legislative elections after a 15-year delay.

New Scholarship

1. Richard Albert, David Landau, Pietro Faraguma and Simon Drugda, I·CONnect-Clough Center 2018 Global Review of Constitutional Law, (2019) (assembling reports on constitutional developments and cases in 65 jurisdictions during the past calendar year)
2. David Kosař, Jiří Baroš and Pavel Dufek, The Twin Challenges to Separation of Powers in Central Europe: Technocratic Governance and Populism, European Constitutional Law Review (2019)(arguing that the two major recent challenges to the separation of powers in Central Europe – the rise of the unelected and the wave of populism – are more interrelated than usually thought, and that the former in fact has greatly contributed to the latter)
3. Jonathan Riedel, Closing the Border, New York University Law Review (forthcoming 2019) (analysing the closing of the border between the United States and Mexico in light of statutory and constitutional considerations
4. Greg Taylor, The Constitution and the Common Law Again, Adelaide Law Review (2019) (considering how the constitution affects the common law)
5. Fatma E. Marouf, Extraterritorial Rights in Border Enforcement, Washington and Lee Law Review (forthcoming 2019) (examining a body of cases addressing extraterritoriality issues in the border enforcement context)
6. Francesco Duranti, The Use of Foreign Precedents in Constitutional Interpretation by the Nordic Courts, in Giuseppe Franco Ferrari (ed.), Judicial Cosmopolitanism: The Use of Foreign Law in Contemporary Constitutional Systems, (2019) (analysing the use of foreign judgments in Constitutional interpretation in a comparative perspective in Finland, Norway, and Sweden)
7. Lionel Smith, Civil and Common Law, in Andrew Gold et al. (eds.), Oxford Handbook of the New Private Law (2020) (studying the New Private Law in light of the civil law)
8. Paul W. Kahn, Origins of Order: Project and System in the American Legal Imagination (2019) (showing how project and system have long been at work in our theological and philosophical tradition)
9. Lydia Brashear Tiede and Susan Achury, Challenging authorities’ (In)action via Amparos, in Susan M. Sterett & Lee D. Walker (eds.), Research Handbook on Law and Courts (2019) (defining the actions of amparo, their main features, history and remedy and discussing the impact of amparo actions on limiting government power and shaping policy).

Calls for Papers and announcements

1. The University of Pennsylvania Law School, Princeton University, University of Illinois College of Law, and the American Society of Comparative Law  invite submissions for the Annual Comparative Law Work-in-Progress Workshop, to be held on March 26-28, 2020. The deadline for submissions is January 10, 2020. 
2. Gonzaga University School of Law invites submissions for its 2020 Human Rights Conference on “Women’s Rights as Human Rights,“ to be held in Florence, Italy on July 7-8, 2020.
3. The Polish Yearbook of International Law calls for papers for its upcoming volume. The deadline for submissions is January 2020.
4. The Cyprus Review invites submissions for its spring 2020 edition. The deadline for article submissions is February 1, 2020.
5. The Academy on Human Rights and Humanitarian Law at the American University Washington College of Law invite submissions for the 2020 Human Rights Essay Award on the topic “Rule of Law and Human Rights: Strengthening Democratic Institutions.” The deadline for submissions is February 1, 2020.

Elsewhere Online

1. Majida Sanaan-Guharzi, Amending Iraq’s Constitution is Hard, But Not Impossible, Kurdistan 24
2. Joshua C. Huder, Trump Has Received a Formal Invitation To Be Impeached, The New York Times
3. Israa Saber, A Constitutional Moment in Sudan, Lawfare
4. SIonaidh Douglas-Scott, Scottland, Brexit and Independence, Verfassungblog
5. Andreas Eka, Article 50 TEU as Legal Basis for Future Relations?, Verfassungblog
6. Adam Tucker, A First Critical Look at the Scrutiny of Delegated Legislation in the Withdrawal Agreement Bill, UK Constitutional Law Association
7. Steven D. Schwinn, Can California Enter into a Cap-and-Trade Agreement with Quebec ? Constitutional Law Prof Blog
8. David R. Cameron, After the EU extends the UK’s exit date, Johnson loses, then wins, vote for a new election, Yale MacMillan Center
9. Sándor Lénárd, “We the Corporations” – conversation with Adam Winkler Professor of Law, Mandiner Precedens