What’s New in Public Law

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–Wilson Seraine da Silva Neto, Master Student at the University of Coimbra – Portugal; Postgraduate in Constitutional Law at Brazilian Academy of Constitutional Law

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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 U.S Supreme Court declined to step in to block a lower court decision that allowed the counting of undated ballots in a local Pennsylvania judicial race.
2. Romania’s Constitutional Court rules that plagiarists can retain their doctoral degree.
3. The Turkish Constitutional Court evaluated the freedom of expression in terms of scientific discussions and determined the criteria for evaluating the interference to freedom of expression in terms of the statements that pose a threat to public health.
4. The Thailand Constitution Court ruled to end the parliamentary status of Bhumjaithai party-list member Samlee Raksutthee on grounds that he was not qualified to remain member of parliament because of a previous graft conviction.
5. The Spanish Constitutional Court has annulled and declared unconstitutional the Government reform that left in the hands of the Superior Courts of Justice the judicial endorsement of the health restrictions approved by the autonomous communities due to the coronavirus pandemic.
6. The India Supreme Court set aside a National Green Tribunal order prohibiting construction work at Rushikonda hills in Visakhapatnam, saying orders of constitutional courts would prevail over statutory tribunals.

In the News

1. A man carrying a gun, a knife and zip ties was arrested near U.S Supreme Court Justice Brett Kavanaugh’s home in Montgomery County, Maryland, after threatening to kill the justice.
2. Kazakh President to put proposed constitutional amendments to a national referendum.
3. Argentine President Alberto Fernández met with governors to discuss the creation of a project to expand the number of members of the Supreme Court: from 5 to 25 judges.
4. Failed appointment of controversial judge to the Portugal Constitutional Court.
5. The Brazilian Superior Court of Justice (STJ) held that the list of mandatory coverage procedures for health plans, governed by the National Supplementary Health Agency is adamant, that is, which requires coverage of only the items on the list.

New Scholarship

1. Andrew Harding, The Constitution of Malaysia (2022) [contextually examining the Constitution of Malaysia) *blog readers can claim 20% discount on title –code GLR A6AUK (for the UK), GLR A6AUS (for the US) or GLR A6ACA (for Canada)]
2. Alon Harel and Adam Shinar, Two Concepts of Constitutional Legitimacy (forthcoming 2022) (identifying and critically examining two different concepts of representation)
3. Rodrigo Borges Valadão, Positivismo Jurídico e Nazismo: formação, refutação e superação da lenda do positivismo (2021) (overcoming the idea that legal positivism was responsible for the theoretical legal foundation of Nazism)
4. Conrado Hübner Mendes, Roberto Gargarella and Sebastián Guidi, The Oxford Handbook of Constitutional Law in Latin America (2022) (an authoritative introduction to the constitutional law landscape in Latin America)
5. Nik de Boer, Weiss en de toekomst van de Europese democratie (Weiss and the Future of European Democracy (2021) (analyzing the Weiss ruling in a broader constitutional and democracy perspective through the German Constitutional Court view)
6. Koldo Casla, Magdalena Sepúlveda, Vicente Silva, Valentina Contreras (eds), Social Rights and the Constitutional Moment (2022) (analyzing direct impact on how best to legislate effectively for social rights in Chile and beyond)

Calls for Papers and Announcements

1. The Organizing Committee of the 7th International Conference on Human Rights of Coimbra is inviting applications and submission of abstracts until 19 June 2022.
2. The University of Coimbra and Institut für Politikwissenschaft der Technischen Universität Darmstadt welcomes Papers for its conference “The Evolution of Post-Democracy” which will take place on 20-21 October 2022. The papers must be submitted by 31 July 2022.
3. The University of Liverpool, School of Law and Social Justice is inviting applications for postdoctoral students for its International Visiting Research Fellowship Program 2022-23. Applications for this round should be send by 27 June 2022.
4. The K.L.E. Society’s Law College, Bengaluru’s Student Law Review Journal is inviting submissions through a Call for Papers, to be submitted by July 23.
5. The European Network for Housing Research invites to the Conference “The Struggle for the “Right to Housing”: The Pressures of Globalization and Affordability in Cities Today” which will take place on 30 August 2022 in Barcelona.

Elsewhere Online

1. Kaia Hubbard, Abortion, Guns, Religion: the Cases the Supreme Court Has Yet to Decide, U.S News.
2. Madeleine Carlise, Here’s How Much the Supreme Court Justices Made Last Year, Time.
3. Samuel Fonteles, A indulgência do Príncipe, Migalhas.
4. Rafael Yuste, Neuroderechos, DERTECNIA UC3M.
5. Sanya Samtani, The International Impact of ‘Government of the Republic of South Africa v Grootboom’, IACL-AIDG Blog.