What’s New in Comparative Public Law

–Margaret Lan Xiao, SJD Candidate, Case Western Reserve University

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.

Developments in Constitutional Courts

1. The Delhi High Court delivered a judgment on gender identity and sexual orientation.
2. There are four new members on Bulgaria’s Constitutional Court.
3. In Guinea, the Constitutional Court has ruled out postponing the presidential election.
4. The Constitutional Court in Indonesia ruled unconstitutional the Judicial Commission’s role in appointing lower court judges, holding that the Constitutional Court itself is the only institution with that authority.
5. The U.S. Supreme Court will not hear a challenge to New York school vaccine laws, upholding an appeals court ruling that the policy does not violate students’ right of religious freedom.
6. Rwanda’s Supreme Court upholds a controversial constitutional amendment on presidential term limits.
7. The Turkish Constitutional Court applied the principle of predictability in the context of property rights.

In the News

1. The government of the Greek Prime Minister has won a crucial parliamentary vote of confidence.
2. Nepal’s Parliament elects a new prime minister.
3. The Iranian Parliament gives preliminary backing to nuclear deal with world powers.
4. Bavaria threatens German Federal Government with filing a complaint to the Constitutional Court over refugees.
5. The Pakistani High Court of Justice in Lahore has ordered the creation of a climate council to force the government to honor its environmental commitments.

New Scholarship

1. Katja S Ziegler et al, The UK and European Human Rights A Strained Relationship?, Hart Publishing (analyzing the relationship between the UK and the European systems for the protection of human rights from doctrinal, contextual and comparative perspectives)
2. Neil Walker, Subsidiarity and the Deracination of Political Community: The EU and Beyond, in Stefan Oeter, Tilman Repgen, Hans-Heinrich Trute (eds) Europa als Idee, 2015 (exploring why subsidiarity has emerged as an important term within the lexicon of contemporary legal theoretical reflection and institutional design)
3. Cristina Fasone, Taking Budgetary Powers Away from National Parliaments? On Parliamentary Prerogatives in the Eurozone Crisis, EUI Department of Law Research Paper No. 2015/37 (challenging the mainstream assumption that the powers of national parliaments in budgetary procedures have been annulled after the adoption of Euro-crisis measures)
4. Māmari Stephens, ‘To Work Out Their Own Salvation’: Māori Constitutionalism and the Quest for Welfare, (2015) 46 VUWLR (arguing that it is theoretically possible to identify a kind of Māori welfare constitutionalism at work, which is in tension with the thinking and practice that produced the New Zealand welfare state)
5. Graham Hudson, Persuasion, Authority, and the (Common Law) Foundations of Transnational Legal Decision-Making, Studies in Logic and Argumentation, 2016, forthcoming (outlining a model of argumentation that formulates the processes by which comparative and international human rights law influence the reasoning of domestic judges)
6. Carolyn M. Evans, Corporations and Freedom of Religion: Australia and the United States Compared, Sydney Law Review, Vol. 38, No. 3, 2015 (addressing from a comparative perspective the question whether corporations should be able to rely on the right to freedom of religion)

Calls for Papers

1. The Center for Parliamentary Studies, LUISS Guido Carli University of Rome has issued a call for papers for the global symposium of “Bicameralism under Pressure: Constitutional Reform of National Legislatures,” to be held in Rome on May 2 and 3, 2016. Italy.The Law Faculty of Tours issues a call for papers for the international Colloquium on “Competition between Courts in Europe: the ‘dialogue’ called into question(s),” which will be held on November 25-27, 2015.
2. The Cardozo Public Law, Policy, and Ethics Journal (CPLPEJ) has issued a call for papers for Volume 14.
3. The Richmond Journal of Law & the Public Interest has issued a call for papers for its 2015-2016 volume.
4. The David Asper Centre for Constitutional Rights, University of Toronto invites submissions for its upcoming conference on ‘The State of Canada’s Constitutional Democracy’, to be held on February 6, 2016.
5. The University of Brasilia Law School, Boston College Law School, Macquarie Law School, and the International Society of Public Law invite submissions for a two-day Symposium on constitutional amendment and replacement in Latin America, to be held on the campus of the University of Brasilia Law School on September 29-30, 2016.
6. The Younger Comparativists Committee of the American Society of Comparative Law invites submissions for the Fifth Annual YCC Global Conference, to be held on March 18-19, 2016, at Tulane University Law School in New Orleans, Louisiana.
7. Kabarak University School of Law, Boston College Law School and the International Society of Public Law invite submissions for a two-day Symposium on Constitutional Change and Transformation in Africa, to be held on the campus of Kabarak University in Nakuru on Thursday and Friday, June 9-10, 2016.

Special Conference Announcement

First International Conference on Risk-Management (RM2016)
Department of Management of the University of Torino (Italy)
May 5 – 6, 2016

Distinguished Colleagues,

We kindly invite you to submit papers and fully-formed panels for the First International Conference on Risk-Management (RM2016).

The Conference will be held in Torino, Italy, at the Department of Management of the University of Torino, on May 5 – 6, 2016.

The Conference will be held over two days. The first day will comprise a keynote address and a plenary session on the Conference theme.

The second day will be devoted to the parallel sessions of papers and selected panels selected on the following topics:

1. Risk in Business and Public Management
2. Risk Management and Bank Financing
3. Risk Management and Corporate Strategies
4. The Integrated Management Systems as a Tool for Risk Management.
5. Risk Management, Corporate Criminal Liability and Corporate Governance
6. Integrity Public Sector Risk Management: Public Procurement Sector
7. Risk Management and Crime Tax Consequences

Important dates

– Abstract and Panel-Proposal Submission: 30th November 2015
– Notification of Provisional Acceptance: 20th December 2015
– Full Submission of Papers and Panels: 28th February 2016
– Notification of definitive acceptance: 30th March 2016
– Registration Deadline: 15th April 2016
– Conference: 5th – 6th May 2016

Should you need any further clarification, please do not hesitate to contact us: riskmanagement@unito.it; Website: www.management.unito.it/risk-management

Elsewhere on Blogs

1. Saul Tourinho Leal, Right to happiness: a new constitutional approach, BelConLawBlog
2. Lillianne Cadieux-Shaw, On Russell Brown’s Appointment to the Supreme Court of Canada, The Court
3. David Kopel, Amicus brief on history of right to carry, in Wrenn v. DC, The Washington Post
4. Eugene Volokh, Rick Perry case to go before Texas’s highest criminal court, The Washington Post
5. Jacob Gershman, Christie Takes Eminent Domain Action Against Anti-Dune City, The Wall Street Journal
6. Antoine Buyse, Court Launches Case-Law Exchange Network with Highest Courts, ECHR Blog
7. Ruth Delbaere, Monthly Overview September 2015, BelConLawBlog
8. Paul Kildea, Same-sex marriage – Don’t let the people decide, UK Constitutional Law Association
9. Christina Eckes and Vigjilenca Abazi, Safe Harbour Case: Safeguarding European Fundamental Rights or Creating a Patchwork of National Data Protection?, UK Constitutional Law Association