What’s New in Public Law

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—Robert Rybski, Assistant Professor at the Faculty of Law and Administration of the University of Warsaw, Rector’s Plenipotentiary for Environment and Sustainable Development.

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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. Ukraine’s Constitutional Court declared a constitutional amendment abolishing parliamentary immunity as constitutional.
2. The Constitutional Court of Latvia found unconstitutional a regulation banning persons serving prison sentences from voting in local elections.
3. The Constitutional Court of Georgia revoked provisions penalizing the production and dissemination of pornography without placing pornography within the realms of free speech.
4. The President of Kazakhstan signed a constitutional amendment re-establishing the Constitutional Court of Kazahstan.
5. U.S. Supreme Court might end affirmative action.

In the News

1. United Nations COP27 climate summit started with a delay in Egypt.
2. On the eve of World Cup 2022 European football associations remind FIFA that “human rights are universal and apply everywhere”.
3. UK public order bill targets climate protesters.
4. Brazilian President asked his supporters to withdraw from road blockages after losing elections.
5. An amendment removing Jim Crow-era language in Alabama Constitution goes to vote.
6. Turkish President announces plans to replace the 1980 Constitution with a new one.
7. One of the only original U.S. Constitution copies goes up for auction.

New Scholarship

1. Kamila Rezmer-Płotka, Why Women Became the Enemy of Democracy in Poland? The Illiberal Regime’s Response to the Women’ Rights Movement, Przegląd Politologiczny 2022 No. 3 (explains the Polish government’s attitude towards women as an enemy of democracy at the institutional level during the two waves of protests. The study shows that during the period considered, restrictions specific to neo-militant democracies in the area of assembly and association, speech and press, and restrictions on religious freedom were imposed to limit the activity of protesters viewed as enemies of the democratic system.)
2. Michael J. Gerhardt, How Impeachment Works, Missouri Law Review 2022 vol. 87 (explores how members of Congress may fulfill their oaths to do “impartial justice according to the laws and Constitution of the United States;” whether, or to what extent, presidents have abused their powers; how well the American public and media understand the stakes and issues involved in the impeachment process; and to what extent Article III courts refrain from reviewing any aspect of impeachment trials)
3. Zhong Zhang, Ruling the Country without Law: The Insoluble Dilemma of Transforming China into a Law-Governed Country (2022), Asian Journal of Comparative Law (explores an insoluble dilemma in China where despite more than 40 years of legislation to build a ‘law-governed country’, the Communist Party of China has to rule the country extralegally to avoid legal challenges to the supremacy of its rule)
4. Maartje De Visser, Promoting Constitutional Literacy: What Role for Courts?, German Law Journal 2022, vol. 23 (explores the role of constitutional judges in advancing constitutional literacy, understood as knowledge relating to the functioning of the constitutional order)
5. Benjamin Nurkić, Radbruch’s Formula in the Constitution of Bosnia and Herzegovina – Untapped Potential for Strengthening the Rule of Law, Društvene i humanističke studije DHS 2022 No. 3 (explores the similarity between Radbruch’s Formula and provision VI/3(c) of the Constitution of Bosnia and Herzegovina, which regulates the possibility of initiating a concrete review of the constitutionality of laws by ordinary courts)

Calls for Papers and Announcements

1. IACL published a statement: “Constitutional Law Scholars Condemn Violations of International and Constitutional Law as a Consequence of the Russian Invasion of Ukraine”.
2. International Law at Westminster (ILaW) research group invites for an online launch of the book “Animals in the International Law of Armed Conflict” on 16. November 2022 (17.30 GMT). Registration is available here.
3. The Center for International Affairs of the Faculty of Law at Ruhr-University Bochum invites applications for a research associate position for a limited period of 3 years. The deadline is 15. November 2022.
4. The Sub-Himalayan Research Institute invites authors to contribute to its Climate Change Justice project, which will lead to an online international conference in late April 2023, followed by the publication of selected contributions as chapters of a collective book. Interested contributors are asked to send 500-1000 words abstract of their proposed paper using this form by 25. November 2022. For further information, please write to: shriclimatejustice@gmail.com
5. The Global Constitutionalism Study Group and the Institute of Comparative Law, Waseda University invite all scholars with global perspectives of international law, constitutional law, and international relations to participate in the Conference on Global Crisis and Global Legal Orders – “What Should we Now Discuss for the Future of Global Legal Ordering?” taking place in Tokyo (with online participation) on 1-2 March 2023. Organizers await abstracts till 30. November 2022.
6. Registration for the 2022 World Congress of Constitutional Law closes on 15. November 2022.
7. Journal of Race, Gender, and Ethnicity invites to its virtual Annual Symposium
8. “Democracy in Disrepair? Examining the Continued Legitimacy of the Supreme Court” on 15. March 2023. Abstracts should be 250-500 words and sent by 14. November 2022 to: tgraham3@tourolaw.edu.

Elsewhere Online

1. Paweł Marcisz, A Chamber of Certain Liability. A Story of Latest Reforms in the Polish Supreme Court, Verfassungsblog
2. Andre Sleiman, Unpacking the Ethno-Federalist Narrative in Lebanon: A Socio-Historic Analysis, IACL-Blog
3. Jannani M, Regressive, Sexist, and Unconstitutional, Verfassungsblog
4. Emilio Peluso Neder Meyer, Brazilian Presidential Elections Results: Curbing Democratic Erosion?, Verfassungsblog
5. Philipp Leitner, Julia Zöchling, With or Without Hungary. The Rule of Law Conditionality Regulation and the Elephant in the Voting Room, Verfassungsblog