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What’s New: Week of January 5

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. Taiwan’s Constitutional Court has, through five judges, ruled that defendants’ attorneys can file to challenge court-ordered detention on their behalf, but three judges did not participate in the decision, arguing that it failed to meet a minimum quorum requirement of ten judges that was established by amendment last year.
  2. A High Court in Kenya has halted implementation of a health co-operation agreement with the United States, after a petition challenged its legality on the grounds of lack of parliamentary approval, public participation, and data protection concerns.
  3. Italy’s Constitutional Court has ruled that mandatory vaccination and testing requirements for Covid-19, instituted by law during the pandemic, were constitutional.
  4. The Malaysian Court of Appeal held that provisions in the Communications and Multimedia Act 1998 criminalising the posting of offensive content with the intent to annoy online are unconstitutional, finding that they violate constitutional guarantees of freedom of speech and equality.
  5. Egypt’s Supreme Constitutional Court has upheld anti-terrorism laws, rejecting a petition challenging their constitutionality.
  6. India’s Supreme Court has stayed its own order redefining the Aravalli mountain ranges, after widespread protests raised concerns that the redefinition would allow greater mining activity and reduce environmental protections.

In the News

  1. Thailand will hold a referendum on 8 February 2026 to seek approval for drafting a new Constitution, in accordance with a directive from the Constitutional Court.  
  2. In Turkey, a Constitutional Commission established by President Erdogan will submit recommendations for a proposed new Constitution next week.
  3. South Korean prosecutors have sought a ten-year sentence for former president, Yoon Suk Yeol, for charges including obstruction of arrest and deletion of data.
  4. The United States’ declaration that it will “run the country” after their capture of Venezuela’s President Maduro has raised multiple legal issues pertaining to international and constitutional law, particularly relating to the scope of presidential powers under the US Constitution. The Constitutional Chamber of Venezuela’s Supreme Court has ordered Vice-President Delcy Rodriguez to function as acting President for now.
  5. In Yemen, the UAE-backed Southern Transitional Council has announced a new constitution for an independent southern state.

New Scholarship

  1. Jan Podkowik, Anna Chmielarz-Grochal, Marcin Stębelski, Jarosław Sułkowski (eds), Gleams of Good Faith in Constitutional Law (Springer, 2026) (providing a comprehensive comparative and constitutional theory analysis explaining the idea of good faith in constitutional law).
  2. Luz Muñoz and Andreu Rodilla “A Game of Tug-of-War: Regional Laws before the Spanish Constitutional Court” (2026) 14(1) Territory, Politics, Governance 131–49 (analysing the judicialization of all regional laws passed in Spain from 1980-2021, and showing that in addition to the role of partisan preferences, court composition has played a significant role in litigiousness).
  3. Constitutional Studies’ Vol 11, No 2 (2025) focuses on ‘Constitutionalism in the Age of Extremes’ and includes contributions on designing constituent assemblies for democracies in peril, on academic freedom and democracy, economic inequality and constitutionalism, artificial intelligence, and executive power.
  4. Theory and Practice of Litigation Volume 13, Issue 3 (2025) focuses on ‘Legislatures and Legislation in the Age of Artificial Intelligence’ and includes contributions on regulating AI in Europe, the use of AI in drafting legislation, and developing guidelines for AI use in legislatures.
  5. Cordula Tibi Weber,  Mariana Llanos, and Pedro Martins da Costa, ‘Courts and Social Participation in Latin America: The Use of Public Hearings and Amici Curiae’ (2026) 48(1) Law & Policy (arguing that ideational and strategic factors influence the decisions of courts to utilise innovative strategies such as public hearings and accepting amicus curiae briefs, in Latin America).

Calls for Papers and Announcements

  1. Constitutional Studies, Cuestiones Constitucionales, and Revista Derecho del Estado welcome submissions to their workshop for editors (and would-be editors) of Legal Journals and Blogs on Constitutional Law. Abstracts are due by 23 January 2026.
  2. Constitutional Studies welcomes submissions to its workshop on Innovations in Sustainable Constitutionalism in an Age of Extremes. Abstracts are due by 23 January 2026.
  3. The International Society for Intellectual History invites papers for ISIH 2026: Order and Disorder in Global Intellectual History, including on ‘legal orders and normative innovation’ to be held at Istanbul Policy Center, Sabancı University on 18-20 September 2026. Abstracts are due by 15 February 2026.
  4. The Oxford Programme in Asian Laws (OPAL) of the University of Oxford and the Faculty of Law, Thammasat University invite submissions for the 3rd International Forum on Asian Laws: ‘Identity of Asian Laws’. Abstracts are due by 15 January 2026.

Elsewhere Online

  1. Murat Karypov, ‘Reinstating the death penalty in the Constitution: Kyrgyzstan at a Constitutional CrossroadsConstitutionNet (29 December 2025)
  2. Catharina Ziebritzki, ‘With Great Power Comes Great Responsibility: Why W.S. et al and Hamoudi vs Frontex Mark a Turning PointVerfassungblog (4 January 2026)
  3. Bojan Bugaric, ‘The Constitution Against the People: Rethinking Law, Markets, and DemocracyBalkinization (29 December 2025)

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