What’s New in Public Law

–Dhruv Singhal, B.A. LL.B. (Hons) Candidate at National Law University, Jodhpur, India

—Miracle Okoth Okumu Mudeyi, LL.B. (Hons) University of Nairobi, Advocate Trainee, Kenya School of Law, Kenya

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. A San Francisco judge ruled that U.S. President Trump’s federalization of the National Guard violated the Tenth Amendment and exceeded his authority. Seen as an effort to suppress protests and immigration, the decision was halted by an appellate court pending a June 17 hearing.
2. The U.S. Court of Appeals for the Second Circuit recently heard arguments on U.S. President Trump’s request to transfer his hush money conviction from New York state court to a federal court. The conviction stems from 34 counts of falsifying business records tied to payments made to Stormy Daniels. The three-judge panel focused on two key issues: whether removal is legally viable after conviction and whether recent presidential immunity rulings can apply retroactively. The outcome could set a significant precedent on jurisdiction in politically charged criminal proceedings.
3. In a unanimous ruling, the U.S. Supreme Court struck down a higher evidentiary threshold imposed on reverse discrimination claims under Title VII. The case involved a heterosexual woman alleging adverse employment action due to her sexual orientation. A lower court had applied a “background circumstances” rule, requiring heightened proof for plaintiffs from majority groups. The Supreme Court found this standard inconsistent with the statute’s text and prior rulings, reaffirming that all discrimination claims under Title VII must be assessed using the same evidentiary burden, regardless of the claimant’s identity.
4. Brazil’s Supreme Court held that platforms like Meta and X can be held liable for certain illegal content posted by users. In a close 6–5 vote, the Court ruled that digital intermediaries have a duty to moderate and remove unlawful content when notified. The decision opens the door to penalties for inaction and marks a significant shift in intermediary liability doctrine in Brazil. It reflects growing judicial intervention in digital governance and could spur legislative responses around content moderation and platform responsibility.
5. Federal Judge Royce Lamberth issued a preliminary injunction against Executive Order 14168, signed by U.S. President Trump, which prohibited federal funding for gender-affirming care and mandated that transgender women be housed in male prisons. The court found that enforcing this order could cause irreparable harm and was likely unconstitutional. The decision underscores the judiciary’s role in safeguarding medical rights and gender identity protections within the federal prison system, pending final adjudication on the merits of the case.
6. Poland’s Constitutional Tribunal ruled that elements of the European Union’s emissions trading framework are incompatible with Poland’s Constitution, particularly in restricting its sovereign control over energy policy. The case was initiated by conservative MPs, who argued that EU climate regulations infringed on Poland’s right to determine its energy mix.
7. The Tokyo High Court overturned a district court’s order requiring former executives of Tokyo Electric Power Company (TEPCO) to pay ¥13 trillion (around $90 billion) for their role in the 2011 Fukushima nuclear disaster. The High Court held that the executives could not reasonably have foreseen the scale of the tsunami that triggered the accident, despite earlier government assessments. The decision diverges from the findings of the 2012 National Diet Commission, which labelled the disaster as a manmade failure resulting from regulatory negligence and executive inaction.
8. A High Court in Zambia granted an interim injunction preventing the release of an investigative documentary by News Diggers, following a defamation suit filed by the Chinese Chamber of Commerce. The suit was triggered by a teaser video aired on May 20. The High Court warned that publishing the full documentary before the scheduled hearing on June 12 could result in contempt proceedings. The ruling raises concerns about press freedom and prior restraint, as it curtails journalistic publication ahead of judicial determination.

In the News

1. A UN expert panel has urged the UK to revisit its agreement with Mauritius concerning the Chagos Islands, stating that it inadequately protects the rights of the displaced Chagossian people. Although the deal transfers sovereignty back to Mauritius, the UK retains military control over Diego Garcia, the largest island. The UN criticized the exclusion of Chagossians from returning to the island, suggesting the agreement contravenes their right of return. The panel emphasized the need for international legal standards to guide territorial  restitution efforts.
2. Italy’s Senate passed a sweeping security bill expanding police authority and imposing stricter penalties for protest-related offenses. Backed by Prime Minister Meloni’s far-right coalition, the new law criminalizes passive resistance, unauthorized demonstrations, and obstructive sit-ins. The legislation also enhances protections for police personnel, including legal fee coverage and harsher penalties for resisting arrest. Critics argue the bill chills dissent and undermines democratic protest rights. It passed 109–69 after earlier approval in the lower house.
3. The UK government announced plans to formally scrap the 1824 Vagrancy Act, which criminalizes rough sleeping and begging. Although Parliament voted for repeal in 2022, enforcement continued due to delays in replacement legislation. Over 170 people have been arrested under the law since then. The Act, introduced after the Napoleonic Wars, has long been criticized as outdated and punitive. With growing homelessness concerns, advocacy groups have welcomed the government’s renewed commitment to decriminalization.
4. Thousands rallied in Madrid on 8 June, 2025 accusing Prime Minister Sánchez and the ruling PSOE party of corruption. Organized by the opposition Popular Party, the protests followed leaked audio implicating the government in efforts to undermine the Civil Guard’s anti-corruption unit (UCO). The UCO is currently probing several individuals close to the Prime Minister, including his wife. Protesters demanded early elections, heightening political pressure amid an already fraught national landscape.
5. Three Māori MPs in New Zealand were suspended from Parliament after a protest against legislation affecting the Treaty of Waitangi. Te Pāti Māori co-leaders Rawiri Waititi and Debbie Ngarewa-Packer were suspended without pay for 21 days, while Hana-Rawhiti Maipi-Clarke was suspended for seven days. The protest included performing the haka, but disciplinary action focused on conduct deemed disorderly during a reading of the bill, including a gesture resembling a firearm. The legislation in question seeks to reinterpret foundational treaty commitments to Māori communities.
6. The U.S. Department of State imposed sanctions on four sitting International Criminal Court (ICC) judges for their roles in cases involving Israel and the U.S. The sanctions rely on Executive Order 14,203, signed by U.S. President Trump in February 2025, which contests the ICC’s jurisdiction over non-member states. The order followed ICC arrest warrants for Israeli leaders, asserting that the ICC’s actions violate the Rome Statute’s limits. The move has reignited debates regarding international law, accountability, and sovereign immunity.

New Scholarship

1. The Asian Journal of Comparative Law’s special issue on Constitutional Legitimacy and Amendments offers a fresh lens on constitutional change. The introductory essay proposes that conventional debates often overemphasize legality—framing amendments as simply “unconstitutional” or not—without adequately grappling with questions of legitimacy. The authors advocate separating legal validity from broader societal acceptance, urging scholars and courts to acknowledge how political contestation over amendments also reflects struggles over democratic legitimacy and constitutional identity.
2. In European Constitutional Law Review, Malagodi and Stradella explore how gender populism contributes to constitutional erosion across European democracies. The article highlights the ambiguous role of populist regimes: while claiming to protect gender equality, many right-wing movements advance anti-gender rhetoric and policies that undermine the rights of women and LGBTQI+ communities. It argues that gender populism is not peripheral but central to understanding how democratic norms, citizenship, and constitutional rights are being reshaped and restricted in the name of populist legitimacy.
3. Published in Journal of African Law, Sarkin and Morais argue for a hybrid justice framework to address violence against refugees and asylum-seekers in Uganda, especially sexual and gender-based violence (SGBV). Based on empirical research and interviews, the article critiques Uganda’s retributive legal system for inadequately addressing SGBV and calls for integrating restorative justice mechanisms grounded in community practices. The authors propose a depatriarchalized model that combines legal accountability with survivor-centered approaches, better reflecting the lived experiences and needs of victims.
4. In the International Journal of Law in Context, Pardo-Vergara investigates the foundational concept of ‘dignity’ in constitutional law. The article identifies four distinct but interrelated understandings of dignity—drawing from law, philosophy, and political theory—and argues that each conception helps articulate dignity as a core constitutional value. By viewing dignity not just as a right but as a constitutional end, the piece offers a deeper account of how it underpins constitutional meaning, particularly within material and human-centered constitutional traditions.
5. In the International Journal of Constitutional Law, Rosalind Dixon reviews Cass R. Sunstein’s How to Interpret the Constitution (Princeton University Press, 2023, 208 pp.; ISBN 978‑0‑691‑25204‑9). The essay, “Constitutional democracy as fixed point? On interpretation and judicial representation‑reinforcement,” tests Sunstein’s claim that judges should choose interpretive approaches that make the constitutional order better, provided they respect existing ‘fixed points’, and sketches what a representation‑reinforcing model of review would require.

Call for Papers and Announcements

1. Submissions are now open for Volume 16, Issue 1 of the University of Miami Race & Social Justice Law Review. Topics can include reparations, prison abolition, transgender advocacy, racialized gentrification, access to justice, and systemic discrimination in constitutional or employment contexts. The journal also welcomes pieces addressing other forms of marginalization or structural inequality. More information can be found here.
2. The Strathmore Law Journal invites submissions for Volume 9 on the theme “Law in Africa – Exploring Legal Thought and Impactful Scholarship.” The journal is particularly seeking contributions from PhD scholars that engage with African legal systems and demonstrate policy or social relevance. More information can be found here.
3. The University of São Paulo (School of Law) is hosting a conference entitled “The Challenges of Comparative Law in Latin American Public Law” on November 13–14, 2025. Abstracts are invited on themes including constitutional and administrative law, human rights, and interdisciplinary public law studies. More information can be found here.
4. The Free State Centre for Human Rights (University of the Free State) and partner institutions invite 300‑word abstracts for the 8th International Conference on the Right to Development, themed “Critical Minerals and the Right to Development”, to be held 4–6 November 2025 at the University of Siena, Italy. Abstract deadline: 17 August 2025. More information can be found here.
5. The Centre for Human Rights (University of Pretoria) and the UNESCO ‘Oliver Tambo’ Chair of Human Rights (University of Fort Hare) call for 500‑word abstracts for the edited volume “Three Decades of Democratic Rule: Whither South Africa?”. Abstracts are due 15 July 2025; full chapters (6 000–10 000 words) by 30 October 2025. More information can be found here.
6. The University of the Free State Faculty of Law and the African Network of Constitutional Lawyers seek applications and papers for the Winter School & Conference on “Unconstitutional Change of Governments in Africa”, 28–31 July 2025, Bloemfontein. Applications (CV, motivation, abstract) close 20 June 2025; full papers are due by 30 June 2025. More information can be found here.

Elsewhere Online

1. A recent seminar co-hosted by the Centre for Comparative Constitutional Studies at the Melbourne Law School, the Gilbert & Tobin Centre of Public Law, and the Electoral Regulation Research Network examined key changes in electoral funding regulation. Experts discussed implications of the Electoral Legislation Amendment (Electoral Reform) Act 2025 and recent reforms to political donations under Victoria’s Electoral Act 2002. The recording is available here.
2. In the Ideas of India podcast, historian Ramachandra Guha discusses his new book, Speaking with Nature: The Origins of Indian Environmentalism. The conversation explores the evolution of environmental thought in India, tensions between economic growth and ecological preservation, and the rise of environmental constitutionalism. Find the episode here.
3. A new post on EJIL: Talk! examines the strikingly divergent use of individual sanctions last week—first, by the Trump administration against ICC judges investigating alleged war crimes; then, by five Western governments against Israeli ministers inciting violence in the West Bank. The post probes whether sanctions, as coercive tools of statecraft, violate international law or human rights—especially when they interfere with freedom of expression, movement, or the right to health and property. Find the post here.
4. The Venice Commission, the Council of Europe’s constitutional‐law advisory body, will vote on a docket of 12 opinions covering Chile’s draft Constitution, Hungary’s 2024 election reforms, Moldova’s anti-corruption courts and more. The revised annotated agenda and Zoom link are now public. Find more information here.
5. One year after Labour’s landslide, ministers, MPs and academics assess rule-of-law pledges, Commons reform and electoral-system options. Keynote by Cabinet Office minister Nick Thomas-Symonds. Free but booking required. More details can be found here.