What’s New in Comparative Public Law

—Mohamed Abdelaal, Alexandria University (Egypt)

In this weekly feature, I-CONnect publishes a curated reading list of developments in comparative 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 comparative public law blogosphere.

To submit relevant developments for our weekly feature on “What’s New in Comparative Public Law,” please email contact.iconnect@gmail.com.

Announcement from I-CONnect

I-CONnect welcomes submissions from senior and junior scholars, including graduate students, on any subject of comparative public law ranging from 750 to 1000 words, though contributors may make longer or shorter submissions. Submissions will be acknowledged within one day, and often within minutes. Submissions or inquiries about potential submissions may be sent by email to contact.iconnect@gmail.com.

Developments in Constitutional Courts

1. Turkey’s Constitutional Court halts legislation exempting companies from environmental obligations.
2. Hungary’s Constitutional Court rejects E-PM appeal for referendum on Paks Nuclear Plant Expansion.
3. US federal appeals court denies Utah’s request to halt same-sex marriage licenses.
4. Colorado Supreme Court orders Denver to stop issuing gay marriage licenses.
5. Oklahoma same-sex marriages ruled constitutional for second time.

In the News

1. Indonesia remains vigilant as Constitutional Court may decide results of election.
2. Turkish opposition appeals to Constitutional Court regarding intelligence activity.
3. Indonesia Constitutional Court may pick new president.
4. Singapore’s Government retains authority to amend the Constitution without a vote.
5. Utah asks Supreme Court to stay ruling on recognizing same-sex marriage.
6. US federal judge strikes down California death penalty.

New Scholarship

1. David S. Law, Judicial Comparativism and Judicial Diplomacy, University of Pennsylvania L Rev (forthcoming) (explores how the Japanese Supreme Court, the Korean Constitutional Court, and the Taiwanese Constitutional Court engaged in the concept comparativism, and to what extent the outcome highlights the crucial role of institutional and resource constraints in shaping judicial behavior but also poses an unexpected challenge to traditional conceptions of the role and function of constitutional courts; and arguing also that engaging in comparativism reveals the hidden phenomenon of judicial diplomacy)
2. Michael J. Perry, David C. Baum Memorial Lecture: Why Excluding Same-Sex Couples from Civil Marriage Violates the Constitutional Law of the United States, University of Illinois L Rev (forthcoming 2014) (arguing that the exclusion policy  — excluding same-sex couples from civil marriage — violates the right to moral and religious freedom)
3. Melissa F. Wasserman, Deference Asymmetries: Distortions in the Evolution of Regulatory Law, 93 Texas L Rev (forthcoming 2015) (explaining how deference asymmetries could potentially function as a one-way ratchet and that it is not isolated to a few areas of regulation but instead a surprising number of agencies that regulate fields ranging from the environment, to patent law, to disability benefits face asymmetric deference with respect to their decision making.)
4. Nancy Leong & Aaron Belzer, Enforcing Rights, 62 UCLA L Rev (2015) (arguing that constitutional litigants should not be treated differently from others by by exposing the pervasive yet underexamined phenomenon of courts limiting constitutional litigants to a single remedial avenue as well as demonstrating that this judicial practice of limiting remedial avenues in constitutional settings lacks justification)
5. Erin F. Delaney, Judiciary Rising: Constitutional Change in the United Kingdom, 108(2) Northwestern University L Rev (forthcoming 2014) (assessing the cumulative force of the many recent constitutional changes, and illuminates the role of human rights and devolution in the growing influence of the U.K. Supreme Court citing the U.S. literature on federalism and judicial power)

New Scholarship in Ius Publicum Network Review

Articles

1. José Esteve Pardo, La extensión del derecho público. Una reacción necesaria.
2. Daniel Gordon &  Gabriella M. Racca, Integrity Challenges in the EU and U.S. Procurement Systems
3. Jorge García-Andrade Gómez, La adopción de la estabilidad presupuestaria en la Constitución española
4. Fabio Saitta, Towards a due process of eminent domain

Reports

1. Hilde Caroli Casavola, Public procurement and globalization [Public Contracts (Italy)]
2. Melania D’Angelosante, State Failures and the “Inclusive Subsidiarity” of the Market in Healthcare at the Time of the Economic Recession [Public Law and Economics (Competition and Regulation) and Public Utilities (Italy)]
3. Maria Grazia Della Scala, State-Owned Enterprises: “Companies – Enterprises” and Public Entities Organized as Companies. A Review of Applicable Rules [Public Law and Economics (Competition and Regulation) and Public Utilities (Italy)]
4. Maxime Boul, Droit public de la économie et sevices publics – Apport – 2012 [Public Law and Economics (Competition and Regulation) and Public Utilities (France)]
5. M. Bertrand Sergues, Droit administratif et droit constitutionnel Apports de la période 2012 juin 2013 [European Law, Comparative Law, Constitutional Law and International Law – Human Rights (France)]
6. Salomé Gottot, Droit administratif et droit de la Union Europeenne Apport de l’annee 2012 [European Law, Comparative Law, Constitutional Law and International Law – Human Rights (France)]

Call for Papers

1. The Amity Society for International Law (ASIL), Amity Law School Delhi invite papers from students, experts, lawyers, academicians from India and abroad for the annual International Conference on Public International Law & Inauguration of  ILSA Chapter to be held on October 11-12, 2014 at Amity Law School Delhi, Delhi, India.
2. The Lisbon Centre for Research in Public Law has issued a call for papers for its “Lisbon International Workshop on Global Administrative Law”, schedules to take place on November 28^th at the University of Lisbon School of Law. (Abstracts should be submitted by August 1^st, 2014).
3. The Batumi International Conference on Law and Politics (BICLP 2014) invites submissions for its annual conference to be held in Batumi, Georgia on August 23-24, 2014.
4. The Editorial Board of Comparative Constitutional Law & Administrative Law Quarterly (CALQ) invites submissions for Vol. 2 No. 1 from legal academicians, professionals and students.
5. The International Journal of Law and Legal Jurisprudence Studies (IJLLJ) welcomes submissions for Volume 1 Issue 4.

Elsewhere on Blogs

1. Greg Weiner, Defining Impeachment Up, Liberty Law Blog
2. Steven D. Schwinn, Second Circuit Says Required Urine Test Substantially Burdens Religious Freedom, Constitutional Law Prof Blog
3. Laura Meckler, Obama to Bar Contractors from Discriminating Against Gay Workers, WSJ Law Blog
4. Rick Hasen, Could southern black voters save the Senate for Democrats?, Election Law Blog
5. Sheila Smith, Reinterpreting Japan’s Constitution, ConstitutionNet