What’s New in Public Law

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—Davide Bacis, PhD Student in Constitutional Law, University of Pavia, 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 contact.iconnect@gmail.com.

Developments in Constitutional Courts

1. The Constitutional Court of Thailand will rule on the dissolution of the opposition Future Forward Party.
2. The Dutch Supreme Court ruled that the Government has the duty to protect its citizens’ human rights vis à vis climate change.
3. The Turkish Constitutional Court ruled that law enforcement agents did not act with due diligence during Gezi Resistance.
4. The Turkish Constitutional Court held that the ban on access to Wikipedia is a violation of freedom of expression.
5. The Supreme Court of Liberia nullified the law barring dual citizenship.

In the News

1. Manuel Marrero has been appointed Prime Minister of Cuba.
2. The Italian Parliament gave final approval to the annual budget proposed by the Government.
3. The Parliament of Iraq approved a new election law reshaping electoral districts.
4. The Parliament o Turkey approved a security and military cooperation with Libya’s internationally recognized government.
5. Bosnia’s Government has received the approval of Parliament after a 14-month impasse.
6. The President of Armenia signed the bill on the retirement of Constitutional Court’s Justices.

New Scholarship

1. Kent H. Barnett, Regulating Impartiality in Agency Adjudication, 69 Duke Law Journal (forthcoming 2020) (arguing how the executive branch can mitigate the constitutional struggles pertaining the conflict between agencies adjudication procedures and the due process)
2. Geraldo Vidigal, Living Without the Appellate Body: Multilateral, Bilateral and Plurilateral Solutions to the WTO Dispute Settlement Crisis, 20 Journal of World Investment & Trade (2019) (discussing possible solutions to the possibility that the WTO Appellate Body will become non-operational)
3. Julie Ringelheim, The Burden of Proof in antidiscrimination Proceedings. A Focus on Belgium, France and Ireland, 2 European Equality Law Review (2019) (offering some clarification on the rules governing the burden of proof in discrimination cases under EU law)
4. Alice Ristroph, An Intellectual History of Mass Incarceration, 60 Boston College Law Review (2019) (exploring how the fundamental principles of criminal law contributed to the increase in mass incarceration)
5. Petr Agha, Human Rights Between Law and Politics: The Margin of Appreciation in Post-National Contexts (2019) (showing how the Margin of Appreciation within the case-law of the European Court of Human Rights is an essential part of human rights adjudication)
6. Amnon Lev (ed.), The Federal Idea: Public Law Between Governance and Political Life (2019) (collecting contributions from leading experts on federalism, exploring the foundations of federalism and developing new perspectives)

Call for Papers and Announcements

1. The Dublin Law and Politics Review invites submissions for the conference on “Rule of Law and Populism and Sustainable Finance” to be held in Dublin on March 24 and 25, 2020. Abstracts of no more than 500 words must be submitted within January 20, 2020.
2. The Columbia Law School invites submissions for a work-in-progress Workshop: Comparative Constitutional Law in the Global South to be held in New York City on October 2, 2020. Abstracts of roughly two pages must be submitted by March 1, 2020.
3. The University of Leicester will welcome participants to the conference on “When blockchain meets arbitration. The birth of decentralized justice” that will be held on January 31, 2020.
4. The University of Granada invites submissions for the conference on “The Challenge of Global Cybersecurity” to be held in Granada on March 26 and 27, 2020. Abstracts of no more than 600 words must be submitted by February 1, 2020.
5. The Australian National University (Canberra) invites submissions for the conference on “Public Law and Inequality” to be held in Canberra on December 8 and 9, 2020. Abstracts must be submitted by March 2, 2020.

Elsewhere Online

1. David R. Cameron, House of Commons approves Withdrawal Agreement Bill, prohibits extension of transition period, Yale MacMillan Center
2. Peter van Elsuwege, A Matter of Representative Democracy in the European Union. The Catalan Question before the Court of Justice, Verfassungsblog
3. Pawel Marcisz, Discipline and Punish. New Polish Reforms of the Judiciary, Verfassungsblog
4. Elspeth Guild, State-Empowered Actors in the European Court of Human Rights – State Sovereignty and Council of Europe Authority, EJIL: Talk!
5. Vladislava Stoyanova, The Grand Chamber Judgement in Ilias and Ahmed v Hungary: Immigration Detention and how the Ground beneath our Feet Continues to Erode, Strasbourg Observer
6. Adam Feldman, Empirical SCOTUS: The beginning of the 2019 term and how it stacks up, SCOTUSblog