What’s New in Public Law

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—Irina Criveț, PhD Candidate in Public Law, Koç University

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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. The Constitutional Court of South Africa has ruled that foreign nationals cannot be enrolled as legal practitioners in South Africa unless they are permanent residents in South Africa.
2. The UK Supreme Court decided against the UN Committee on the Rights of Persons with Disabilities in the Archie Battersbee case involving the removal of life support.
3. Malaysia’s Appeal Court has overturned a landmark decision that women should be able to pass on their citizenship to children born overseas just as Malaysian men.
4. The Federal Court of Malaysia has ruled that Penang’s anti-party hopping enactment is constitutional and that the Article 14A of the Penang State Constitution is consistent with Article 10(1)(c) of the Federal Constitution.
5. Constitutional Court of Korea will decide whether enforcing a compulsory minimum wage on employers at 9,620 won (US$7.38) violates their freedom of contract and business.

In the News

1. The Pietermaritzburg High Court postponed the corruption case against Jacob Zuma until mid-October.
2. A US federal judge sentenced a former militia member to 87 months in prison for leading a mob of rioters and carrying a handgun on the January 6th Capitol riot.
3. The European Court of Human Rights rejected Archie Battersbee’s family’s request to keep their child on artificial life-support. Instead, it held that it would “not interfere with the decisions of the national courts to allow the withdrawal of life-sustaining treatment from [Battersbee] to proceed.”
4. Kuwait’s Crown Prince Sheikh Meshal al-Ahmad Al Sabah has issued a decree dissolving the parliament. Elections are expected to take place within two months.
5. The Parliament of India has passed a bill to ban funding weapons of mass destruction.

New Scholarship

1. Maria Salvatrice Randazzo(2022), Constitutionalism of Australian First Nations: A Comparative Study, Routledge (examines Australian First Nations constitutionalism by focusing on Warlpiri, Yolngu, and Pintupi legal orders to identify similarities between these constitutional traditions)
2. Fiona Ey (2022), Guardians of the Constitution: Upholding Judicial Independence During Samoa’s Constitutional Crisis, The Journal of Pacific History (assesses Samoa’s constitutional court’s role in solving 2021 political and judicial crisis)
3. Adél Köblös (2022), ECtHR Judgements in the Decisions of the Hungarian Constitutional Court, (explores the influence of the ECtHR on the case law of the Hungarian Constitutional Court based on the analysis of thirty selected decisions)
4. Joe Boesten (2022), Constitutional Origin and Norm Creation in Colombia: Discursive Institutionalism and the Empowerment of the Constitutional Court, Routledge (analyses ‘why and how the Constitutional Court has increased its legal power through curtailing constitutional reform in 2010—and outlines the significance of this question for institutional theory’)
5. G. de Ghantuz Gubbe (2022), Populism, Constitutions, Constitutional Courts, and Constitutional Democracy, Palgrave Macmillan (takes a different methodological approach to explore ‘the analytical contraposition between populism and constitutionalism’)

Calls for Papers and Announcements

1. The Connecticut Law Review calls for submissions to the climate and environmental justice symposium titled “Climate and Environmental Justice in the 21st Century: A Just Transition”. The DL for proposal submission is September 1^st, 2022.
2. Annual Professor John R. Nolon Student Writing Competition invites law students to write entries on Environmental Constitutionalism. The DL for submissions is August 15th, 2022.
3. Northumbria University’s Family Justice Research Interest Group will organise the ‘Gender Based Violence Conference: Reflections On The World Envisaged In “After Dark” by Jayne Cowie’ and is seeking submissions on issues concerning the theme of the conference, including academia, legal practice, the police and other professionals from the criminal justice sector, and the charitable sector, including domestic abuse support services. The DL for abstract submission is Friday, September 9^th, 2022.
4. The Irish Jurisprudence Society invites proposals to society’s Workshops 2022-23 on legal philosophy by Monday, August 22^nd, 2022.
5. The KTH Royal Institute of Technology in Stockholm invites researchers from all over the world to the online ‘Workshop Exploring Low-Flying Academia’ that will take place on September, 14^th, 2022. The workshop is supported by the research project ‘Decreased CO2-emissions in flight-intensive organisations’.

Elsewhere Online

1. Gautam Bhatia, ICLP Turns 9 The Leap of Faith, Indian Constitutional Law and Philosophy
2. Tanmay Singh and Amala Dasarathi, Challenging Censorship, Verfassungsblog
3. Leandro Mancano, Everything Must Remain the Same for Everything can Change,  Verfassungsblog
4. Raphael Oidtmann, Fighting on the Business Front, Verfassungsblog
5. Ayesha Wijayalat, Sri Lanka in a Constituent Moment, IACL-AIDC Blog
6. Robyn Powell, Achieving Disability Justice After Dobbs, Oxford Human Rights Hub
7. Danielle Pullan, Is the EU any More Progressive on Abortion Policy than post-Roe’s America?, The Loop ECPR’s Political Science Blog
8. Sukarm Sharma and Siddhant Pengoriya, A Constitutional Appraisal of Non-Violent Disruptive Protests, The Leaflet