What’s New in Public Law

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—Alan Mauricio Jiménez Díaz, PhD. Candidate, Complutense University of Madrid, Spain.

—Sumit Kumar Ganguly, Visiting Faculty, Amity University, Kolkata, India.

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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 Supreme Court of India granted citizenship to Basudev Dutta under the CAA, 2019, after he was dismissed from government service without due process. His case highlights the law’s controversy, which has sparked protests and ongoing legal challenges.
2. The Supreme Court of Ghana dismissed challenges to the anti-LGBTQ+ bill, ruling that its validity cannot be assessed until it becomes law. The bill, which criminalizes LGBTQ+ identities and penalizes supporting groups, remains unsigned by the President due to legal objections.
3. The Supreme Court of Nigeria blocked fund allocation to Rivers State, ruling that the Governor failed to properly present the 2024 Appropriation Bill. It upheld the Federal High Court’s decision and affirmed the legitimacy of 27 defected lawmakers pending a final verdict on their status.
4. Germany’s Federal Constitutional Court ruled that extraditing a non-binary German national to Hungary violated their rights, citing inadequate assessment of prison conditions and potential risks. The decision sets a precedent for extradition cases involving human rights concerns.
5. The Supreme Court of Canada ruled in favor of the Métis Nation-Saskatchewan, affirming their right to challenge Saskatchewan’s consultation process on a uranium project. The decision reinforces governments’ duty to consult Indigenous groups on land and resource issues.
6. Mexico’s Supreme Court ordered a Mexico City zoo to improve conditions for Ely, an African elephant, in a landmark ruling on animal welfare. The decision upholds legal protections for animals and could set a precedent for future cases on captivity and rights.

In the News

1. The Maldives Parliament reduced the Supreme Court’s size from seven to five judges, followed by the suspension of three justices just before they were to hear a key case on a new anti-defection amendment. This marked the first challenge to a constitutional amendment’s validity in the country.
2. The Allahabad High Court in India referred to the Sambhal Jama Masjid as a “disputed structure” potentially impacting similar cases seeking to reclaim Hindu temples allegedly converted into mosques. The mosque is believed to have been built on Babur’s orders after demolishing a temple. This ruling comes amid ongoing challenges to the Places of Worship Act, 1991, which mandates maintaining the religious status quo as of India’s independence but is contested for blocking legal remedies for historical conversions.
3. Mexican President Claudia Sheinbaum plans constitutional reforms to safeguard sovereignty after U.S. moves to designate drug cartels as terrorist groups. The reforms would tighten restrictions on foreign agents, require Mexico’s approval for joint investigations, and impose harsher penalties for foreign gun traffickers. With her party’s majority, passage is likely.
4. A federal judge ruled that former President Trump cannot fire Hampton Dellinger, head of the Office of Special Counsel, without cause, upholding the agency’s independence. The decision, likely to be appealed, could shape presidential authority over federal agencies.
5. South Korea’s Constitutional Court has begun the impeachment trial of former acting President Han Duck-soo, accused of supporting martial law, blocking a judicial appointment, and obstructing investigations. His defense argues his actions were constitutional, while a dispute over the impeachment vote’s validity adds complexity. The case could set a key precedent for South Korea’s impeachment process.
6. Argentine President Javier Milei’s appointment of two Supreme Court justices by decree, bypassing Senate approval, has sparked controversy over judicial independence. Critics argue the move is unconstitutional, with legal experts questioning its validity and human rights groups warning of its broader implications. The Senate may challenge the appointments once Congress resumes.
7. The Supreme Court of Papua New Guinea rejected Opposition MP James Nomane’s request to halt parliamentary debate on a constitutional amendment imposing an 18-month gap between Votes of No-Confidence. The court ruled it lacked jurisdiction, affirming parliamentary independence and separation of powers, a decision welcomed by Prime Minister James Marape.
8. The Supreme Court of Namibia dismissed challenges to the November presidential election, ruling that voting extensions at select polling stations were lawful and non-discriminatory. Netumbo Nandi-Ndaitwah of SWAPO was elected as Namibia’s first woman president and will be sworn in on March 21.
9. Philippine Vice President Sara Duterte petitioned the Supreme Court to void her impeachment and block her upcoming Senate trial. Accused of corruption and assassination threats, she argues the lower house violated constitutional limits on impeachment proceedings. A strong 2028 presidential contender, Duterte faces trial in June, with all senators serving as jurors.

New Scholarship

1. Ittai Bar-Siman-Tov, Tamar Hostovsky Brandes, Eliav Lieblich, Yaniv Roznai, Adam Shinar, Scholactivism in the service of counter-populism: The case of constitutional overhaul in Israel (This article explores Israeli legal scholars’ activism against the 2022-2023 constitutional overhaul, framing it as “scholactivism.” It highlights their role in public discourse while addressing challenges of objectivity and balancing activism with scholarly integrity.)
2. Simona Grossi, The U.S. Constitution is Not a Code: Unraveling the Idea and the Meaning of Substantive Due Process. (This article explores the evolution of substantive due process, from its origins in pre-ratification debates to its modern role in protecting fundamental rights, highlighting the Constitution’s enduring commitment to safeguarding inalienable liberties for “We the People.”)
3. Tania Groppi, Marie-Claire Ponthoreau and Irene Spigno, Judicial Bricolage: The Use of Foreign Precedents by Constitutional Judges in the 21st Century. (This book analyzes foreign precedents in constitutional interpretation across 31 jurisdictions, revealing limited judicial comparativism amid regional and domestic legal challenges.)
4. Cora Chan, Gender, democracy, and the legal academy: Afterword to the Foreword by Gráinne de Búrca, Rosalind Dixon, and Marcela Prieto Rudolphy (This Afterword examines the gender gap in Hong Kong’s legal academy, highlighting intersectional challenges from authoritarianism, marketization, and tradition. It links gender equality to democratic governance, offering a unique perspective from a shifting political landscape.)
5. Reva B. Siegel & Mary Ziegler, Comstockery: How Government Censorship Gave Birth to the Law of Sexual and Reproductive Freedom, and May Again Threaten It. (This article traces the evolving interpretation of the Comstock Act, countering its revival as a nationwide abortion ban by uncovering its historical ties to obscenity law and its shifting constitutional significance.)
6. Sanford Levinson, The Contradictions of James Madison and, Therefore, of American Constitutionalism. (In this article, Levinson critiques Madison’s constitutional contradictions, arguing that rigidity hampers democratic reform and urging a reconsideration of constitutional change.)
7. Devider Singh, Deepak Kumar Srivastava and Surya Dev Singh Bhandari Moving From the Basic Structure Towards a Permanent Structure: From Positive Law to Natural Law. (This paper critiques the Indian basic structure doctrine’s limits in preventing constitutional subversion and proposes a natural law-based hierarchical framework to protect fundamental values from authoritarian threats.)

Calls for Papers and Announcements

1. The Spanish Yearbook of International Law invites submissions for its upcoming issue. Manuscripts covering any topic of interest in Public and Private International Law, as well as International Relations are welcome. Deadline: 15 September, 2025. Submission details here.
2. The Editorial Board of the Revista de Drept Constituțional / Constitutional Law Review is pleased to invite submissions for Issue No. 1-2025 in Open Access. Contributions that explore contemporary issues in constitutional law, both from theoretical and practical perspectives, at national, European, and international levels are welcome. Deadline: June 1, 2025. Submission details here.
3. The World Comparative Law Völkerrechtsblog  is calling for abstracts for its upcoming special issue, “The City as a Contested Space: Constitutional Law Perspectives on Urban Housing Disputes.” Scholars and practitioners are invited to contribute their insights on these pressing issues. The deadline for abstract submissions is March 15, 2025. Submission details here.
4. The University of Barcelona invites paper submissions for the International Congress “Transnational Legal Spaces in the Development of Administrative Law: Dialogues on Public Service,” to be held on June 5-6, 2025. Scholars must submit their contributions by April 18, 2025. Submission details here.
5. The Society for Constitutional Law Discussion, CNLU Patna, invites submissions for its 2nd National Seminar, “Constitutionalism in the Age of AI: Navigating the Algorithmic Maze.” This online event explores AI’s impact on constitutional principles, focusing on India’s legal framework. Abstracts are due by March 10, 2025. Selected papers will be published in an edited book or e-journal. Submission details here.

Elsewhere Online

1. The Faculty of Law and Administration of the University of Silesia in Katowice is inviting applications for the position of Assistant Professor (post-doc) in the NCN OPUS research project “Constitutional Zugzwang: Toward an Amendment Theory on Constitutional Momentum,” led by Mauro Arturo Rivera León, PhD. Details here.
2. The University of Bergen is accepting registrations for the Comparative Law and Comparative Legal Methods course, held at Solstrand Hotel in Bergen from September 17 to 19, 2025. This program explores comparative legal concepts through interactive workshops and discussions. The application deadline is April 15, 2025. Details here.
3. The Department of Political and Social Sciences at the University of Bologna is accepting registrations for the summer course “Methodology of Legal Comparison: Models of Constitutional, Supranational, Electoral, and Environmental Justice” from June 16 to 20, 2025, to be at the University of Bologna, in person and online. Application deadline: June 9, 2025. Details here.
4. The University of Texas at Austin, in partnership with Universidad Espíritu Santo, is now accepting registrations for the course “Constitutionalism in the U.S. and the World.” The program will be held at the University of Texas School of Law, from May 26 to May 31, 2025. Open to all. Registration here.
5. Priyadarshi Dutta, Opinion Constitution 75: Why India Veered Away From The US Model. This article compares the U.S. and Indian Constitutions, focusing on their structure, federalism, and cultural significance. While the U.S. model is concise, India’s is extensive, reflecting its diverse challenges.