What’s New in Public Law

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–Maja Sahadžić, Visiting Professor and Research Fellow (University of Antwerp) and Senior Research Fellow (Law Institute in Sarajevo)

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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 Thailand ruled to suspend the prime minister.
2. Constitutional Court of Turkey ruled that a judgment cannot be based on testimony taken without the presence of a lawyer.
3. The Constitutional Court of Taiwan found that the nationalization of the irrigation body is constitutional.
4. The Constitutional Court of Barbados ruled that the State must pay a former accused for breach of constitutional rights.
5. The Constitutional Court of Vanuatu ordered the Chief the amendment of a constitutional application against the dissolution of the country’s parliament.
6. The Constitutional Court of Germany upheld the measles vaccine mandate for children.

In the News

1. The defeated prime minister challenged election results in the Supreme Court of Kenya.
2. A judge in India who delivered controversial order in a sexual assault case was transferred to another district.
3. Two judges were (re)appointed to the Supreme Court of the United Kingdom.
4. Ireland urged to subject judges to a code of conduct post-retirement.
5. Canadian prime minister nominated the first indigenous justice to the Supreme Court of Canada.
6. The prime minister of Singapore announced to end of the ban on gay sex.

New Scholarship

1. Richard Albert, The Most Powerful Court in the World? Judicial Review of Constitutional Amendment, 109 Supreme Court Law Review (2d) (forthcoming 2022) (examining the power of the judicial review of constitutional amendment in Canada)
2. Conor McCormick, The Constitutional Legitimacy of Law Officers in the United Kingdom (2022) (providing a detailed account of each law officer’s functions and draws on that account as the basis for a broader conceptual analysis of their constitutional legitimacy) (use the code GLR T5TUK for UK orders and GLR T5TUS for US orders to get 20% off).
3. Peta Stephenson, Nationhood, Executive Power and the Australian Constitution (2022) (studying the nature and scope of the nationhood power by bringing a fresh perspective to the scholarship on the powers of the executive branch in Australia).
4. Li-ann Thio and Jaclyn L Neo (eds.), Religious Offences in Common Law Asia, Colonial Legacies, Constitutional Rights and Contemporary Practice (2022) (providing an in-depth comparative analysis of how religious penal clauses have been developed and employed within Asian common law states, and the impact of such developments on constitutional rights).
5. Laurence R. Helfer and Molly K. Land, The Facebook Oversight Board’s Human Rights Future (2022) (critically examining human rights origins of the Facebook Oversight Board and the application of human right norms to private social media companies in general).
6. Dennis Amego Korbla Penu, Explaining Defederalization in Ghana 52(1) Publius (demonstrating gradual “defederalization” in Ghana through various constitution reviews across sixty-three years).
7. Nico Steytler (ed.), Comparative Federalism and Covid-19, Combating the Pandemic (2022) (presenting case studies from 19 federal countries to explore the core elements of federalism that came to the fore in combatting the pandemic such as the division of responsibilities, the need for centralization, and intergovernmental relations and cooperation).

Calls for Papers and Announcements

1. The Faculty of Law and the Saxo Institute of the University of Copenhagen announces the international conference Colonialism and the EU Legal Order to be held on 29-30 September 2022 in Copenhagen. The deadline for registration is 26 September.
2. The University of Essex and the University of Oxford organize the Hybrid workshop „Freedom and Proportionality“ to be held in Molyvos and Online on 29-30 August 2022. Registration is required (contact d.kyritsis@essex.ac.uk for links).
3. The Global Summit on Constitutionalism is now accepting submissions for individual papers and fully-formed panels.
4. The University of Orebro organizes the webinar „The institutional context of constitutional reasoning in the Nordic countries: The Nordic Supreme Courts“ to be held on 29 September 2022. Registration is required.
5. The Constitutional Court of Indonesia and the Venice Commission, organize the 5th Congress of the World Conference “Constitutional Justice and Peace” to be held in Bali, 4-7 October 2022. Registration is required.
6. The University of Saint Louis in Brussels, UCLouvain, Freedom to Research, KU Leuven, and the Free University of Brussels organize the colloquium „The Systemic and the Particular in European Law“ to be held in Leuven on 17 November 2022. Registration is required.

Elsewhere Online

1. Josef Marko, Is Ethnic Gerrymandering a Solution for the Constitutional Impasse?, Verfassungsblog
2. Rodrigo Kauffman, The Constitution of What?, Verfassungsblog
3. Matilde Rocca, NGOs in distress, Verfassungsblog
4. Alberto López Basaguren, The quest for independence in Catalonia: Between the rule of law and the principle of democracy, Centre on Constitutional Change
5. Michael G. Breen, Political parties in federalism in Asia, Eureka!
6. Dexter Govan, The summer recess, The Constitution Society