What’s New in Public Law

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—Anubhav Kumar, Advocate & Researcher, Supreme Court of India 

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In this weekly feature, I-CONnect publishes a curated reading list of developments in public law. “Developments” may include links to news, high court decisions, new or recent scholarly books, 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. Turkish top court freezes pro-Kurdish party funds as elections loom
2. South Carolina Supreme Court strikes down state abortion ban
3. India’s top court stays displacement of 50,000 people from railway land
4. Constitutional Court suspends HDP’s election funds amid closure case.
5. Ecuador’s Constitutional Court Rules Wild Animals Are Subjects of Legal Rights Under the Rights of Nature
6. Supreme Court upholds White Rock walkway resolution

In the News

1. Israel plans to curb Supreme Court’s powers sparks outcry
2. U.S. Defends Biden’s Student Debt Relief Plan in Supreme Court Brief
3. Duda says Constitutional Court decides about its president’s tenure.
4. Ukraine amends procedure for selection of Constitutional Court judges
5. Canada bans most foreigners from buying homes
6. Mexico elects first female Supreme Court president

New Scholarship

1. Richard Albert & Leonid Sirota (eds.), A Written Constitution for Quebec? (2023) (exploring whether and how Quebec could codify its “unwritten” constitution, drawing from comparative, doctrinal, historical, and theoretical perspectives)
2. Akshaya Kamalnath, The Corporate Diversity Jigsaw (2022) (offering a nuanced justification of exactly what types of diversity are most useful for corporations, where they should be implemented, and how best to address diversity in ways that account for recent social movements such as #MeToo and Black Lives Matter.)
3. Christian G. Fritz, Monitoring American Federalism :The History of State Legislative Resistance (2023) (examining some of the nation’s most significant controversies in which state legislatures have attempted to be active partners in the process of constitutional decision-making)
4. Scott R. Stroud, The Evolution of Pragmatism in India:  Ambedkar, Dewey, and the Rhetoric of Reconstruction (2023) (exploring the influence of John Dewey’s pragmatism on Bhimrao Ambedkar, architect of the Republic of India’s constitution, tracing Ambedkar’s development in Dewey’s Columbia University classes in 1913–1916 through his final years in 1950s India when he rewrote the story of Buddhism and examining pragmatism’s influence not only on the philosophical ideas underpinning Ambedkar’s fight against caste oppression but also how his persuasive techniques drew on pragmatism’s commitment to reconstruction and meliorism)
5. Kayoung Park, Japan’s FTA Strategy and its Implications (2022) (examining Japan’s FTA status and strategy to understand its purpose as well as analyzes implications for the Korean economy.)
6. Namrata Jeph and Rajesh Ranjan, Constitutional Ownership in India: A Case Study from Maharashtra and Rajasthan (2022) (discussing the notion of constitutional ownership in India by placing reliance on empirical on-ground research through case studies from the states of Maharashtra and Rajasthan and demonstrating that citizens can effectively use the Constitution as a tool to assert their constitutional rights, raise awareness of constitutional values, and participate in deliberation on constitutional issues which affect them)
7. Vivien Holmes and Francesca Bartlett Parker and Evans’s Inside Lawyers’ Ethics (2023) (providing a practical and engaging introduction to ethical decision-making in legal practice in Australia, underpinned by four theoretical concepts – adversarial advocacy, responsible lawyering, moral activism and ethics of care)
8. Merijn Chamon, The European Parliament and Delegated Legislation: An Institutional Balance Perspective (2022) (revisiting the Treaty of Lisbon’s promise to further parliamentarize the EU’s functioning by looking into the Treaty-law framework governing the delegation of legislative power in the EU) *** Order online at www.bloomsbury.com  – use the code GLR AP3UK for UK orders and GLR AP3US for US orders to get 20% off.
9. Cornelia Weiss, Civil Dispute Resolution: An Ignored Winning Strategy for Afghanistan, Military Review (January-February 2023) (addressing how the failure to recognize the Afghan population’s need for civil dispute resolution and the Taliban capture of this market was part of the Achilles’ heel of the U.S. theory, doctrine, and efforts) *** This article won third place in the 2022 DePuy Writing Contest.

Calls for Papers and Announcements

1. Jurnal Kajian Pembaruan Hukum (Journal of Studies in Legal Reform) Calls for Submission for Volume 3:2 (July 2023). Deadline for submission is 15^th January 2023. Details are available here
2. The applications are now open for the 2023 CEU Summer University courses. The summer program will be held in Budapest from June 26 to July 31, 2023. Financial aid is available. General application deadline: February 14, 2023. Details are here
3. The 2023 Hardiman PhD Scholarship applications are now open starting September 2023. The Hardiman PhD Scholarships are fully funded for four years. Details are available here
4. Call for Application for Post-Doctoral with University of Oxford Department of Education with expertise in MENA region and fluent Arabic. This full-time job is based in Oxford Deadline: 20 January, 2023
5. The Centre of Excellence for International Courts (iCourts) is hosting a Summer School for ambitious PhD students working on international courts and international bodies and organizations broadly in their social and political contexts. June 12-16, 2023. Apply here.

Elsewhere Online

1. Christine Savino, Chile’s Second Draft: an Opportunity to Enforce Indigenous Human Rights through Constitutional Law, Oxford Human Rights Hub
2. Francesca Palmiotto, Preserving Procedural Fairness in The AI Era, Verfassungsblog
3. Michael Foran, Sex, Gender, and the Scotland Act, UK Constitutional Law Association
4. Eva Sevrin and Emma Várnagy, G.M. and Others v. Moldova: Beyond Paternalism For Women With Intellectual Disabilities and Their Reproductive Rights, Strasbourg Observers
5. Gautam Bhatia, “Every noble cause claims its martyr”: The Supreme Court’s Demonetisation Judgment , Indian Constitutional Law and Philosophy
6. Abdul Ghafur Hamid, Security Council Resolution 2669 (2022) on the Situation in Myanmar: Too Little, Too Late?, EJIL Talk
7. Paul Poast, The War in Eastern Congo Matters Too, World Politics Review