What’s New in Public Law

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—Nicola Abate, Ph.D. Candidate in Law at Universitat Pompeu Fabra, Barcelona

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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 Spanish Constitutional Court admitted the appeal for unconstitutionality on gender identity and expression and equality;
2. The European Court of Human Rights is holding a Grand Chamber hearing today in the case of Semenya v. Switzerland;
3. The Spanish Constitutional Court dismissed the unconstitutionality appeal filed by Vox in Congress against the law criminalising harassment of women who go to a clinic for voluntary termination of pregnancy;
4. The Colombian constitutional court argues that the failure to comply with court orders is an affront to the rule of law and a blow to the victims’ expectations of justice;
5. The US Supreme Court declined to take up a death penalty case asking them to weigh in on when jury selection begins and the defendant has a right to be present
6. The Northern Ireland court strikes down key parts of UK Illegal Migration Act;
7. The Italian Constitutional Court stated that it is not constitutionally unlawful to refuse to decriminalise the crime of illegal entry and stay;
8. The Brazilian Supreme Court of Justice stated that the right to be forgotten is not applicable to the Brazilian legal system;
9. The Mexican Supreme Court of Justice declares unconstitutional to fix by law the maximum amounts of indemnity for moral damages.

In the News

1. Slovakia’s Prime Minister Robert Fico has emerged from surgery and is no longer in a life-threatening condition after an attempted assassination;  
2. The Council adopts the EU’s pact on migration and asylum;
3. Reuters showing 150 physical threats against Judges in Trump cases;
4. President Joe Biden and Republican nominee Donald Trump have agreed to participate in two general election debates: one in June 27, 2024 and one in September.
5. Far-right Geert Wilders announces new Dutch government deal;
6. Macron tackles security crisis in French overseas territory as tensions rise;
7. EU Brussels warns Georgia that its society restrictions could imperil its European bid;
8. Russian President Vladimir Putin claimed he backed China’s plan for resolving the war in Ukraine.

New Scholarship

1. J. Petrov, How to Detect Abusive Constitutional Practices (the author deals with the challenge of distinguishing between abusive and non-abusive constitutional practices);
2. S. E. Sachs, Dobbs and the Originalists (the author argues that Dobbs is an originalist opinion, the sort of opinion an originalist judge could and should have written);
3. K. Frazer et al., It’s Time To Amend How We Amend The Constitution: Legal Scholars Call For Limited Constitutional Convention (a group of scholars is calling for a Constitutional Convention to amend the constitutional amendment process in the United States);
4. M. Safjan, Restoring the Rule of Law in Poland: A Particular or a Universal Challenge? (the author revisits the origins of the rule of law crisis in Poland and reflects on the challenges of fully restoring the constitutional order);
5. G. Halmai, Illiberal Constitutionalization and Scholarly Resistance: The Cases of Israel and Hungary (the author explores the role of constitutional scholars in resisting illiberal constitutionalization attempts or combating existing illiberal constitutional systems).
6. I. Bar-Siman-Tov, Judicial Review in Israel: Typology, Developments and the Theory and Practice of Judicial Activism (the auhtor explores judicial review of legislation in Israel, offering a typology of the various models that can be gleaned from analysing the caselaw).
7. Ming-Sun Kuo, Militant Democracy Unmoored? The Limits of Constitutional Analogy in International Law (the article aims to bring to light the current limits of constitutional analogy in international law through an investigation into the discrepancy between constitutional and international lawyers in responding to authoritarian co-optation).

Calls for Papers and Announcements

1. The University of Sheffield is recruiting lecture in law with expertise in one or more of these areas: Equity and Trusts; Property Law; Torts; Environmental Law; and Employment Law. Deadline: 3 June 2024.
2. Applications open for the Bergen Exchanges on Law & Social Transformation, 19-23 August.
3. The Faculty of Law and Criminology of the Humanities and Social Sciences Group of KU Leuven has a vacancy for a full-time position as a research professor (BOFZAP) in Public International Law at the Research Unit for International and European Law. Deadline: 3 September 2024;
4. The Leiden Law school is hiring an Assistant Professor EU Law, EU Migration and/or Asylum Law Specialization. Deadline: 31May 2024.
5. The Centre for Constitutional Studies, University of Alberta is inviting for paper proposals for a symposium and a special issue on Canada’s unwritten principles. Deadline: 15 July 2024.
6. Wadham College (University of Oxford) invites applications for a fixed-term Fellowship by Special Election in Law, named the Wadham College Law Society Fellowship, September 2024 – August 2028. Deadline: 3 Jube 2024.
7. Texas Law announces a new academic fellowship program for those committed to obtaining an appointment as a tenure-track member of a law faculty.
8. Two positions are opening at the Law Faculty in Amsterdam, one for a post-PhD Assistant Professor in Public International Law, the other for a pre-PhD Lecturer in International and European Law. Deadline: 2 June 2024.
9. The call for Workshop and Books Presentations Proposals is open for the Michele Taruffo Girona Evidence Week. Proposal Submission Deadline: 31 May 2024.

Elsewhere Online

1. A. Sperti, Author Interview about her book on the relation between Italian Constitutional Court and the public opinion;
2. In the context of Brazil’s presidency of the G20 in 2024, the Brazilian Federal Supreme Court is hosting the J20 – Summit of Heads of Supreme Courts and Constitutional Courts of G20 members.
3. From 22 May starts the new podcast series “What’s Wrong with Democracy?” hosted by professor Ben Ansell;
4. On 31st May, Brian Bix will reflect on “On Law and Truth” in the Lisbon Legal Theory Annual Lecture;
5. C. Higham et al., What Does the European Court of Human Rights’ First Climate Change Decision Mean for Climate Policy?
6. On 27^th May, Prof. Bodnar will give a lecture on “The Legal and Political Challenges in Rebuilding the Rule of Law in Poland” for the Launch Event of the Rule of Law Clinic, a new project established at the CEU Democracy Institute in Budapest;