What’s New in Public Law

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—Benjamin Nurkić, PhD Candidate, Faculty of Law University of Tuzla and a member of the Constitutional Committee of the House of Representatives of the Parliament of the Federation of Bosnia and Herzegovina.

—Silvia Talavera Lodos, PhD Candidate, School of Advanced Studies Sant’Anna.

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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. German Constitutional Court dismisses complaints challenging the annulment of the Achmea award.
2. The Spanish Constitutional Court suspends the admission of the appeals against the amnesty law made by the regions as the law establishes that the regional challenges must refer to matters within their competences.
3. After four years of legal battles,  South Korea’s Constitutional Court concluded that the lack of legally binding targets for reducing greenhouse gases between 2031 and 2049 infringed upon the constitutional rights of future generations.
4. Taiwan is set to decide on the constitutionality of the death penalty in the face of action by 37 death row prisoners who have exhausted the appeals process.
5. UK’s Supreme Court blocks the use of “fire and rehire” of Tesco employees.

In the News

1. Between allegations of a politicisation of the Supreme Court and the question of immunity, legal experts suggest that Trump’s trial in Washington, D.C., might not start until 2026 or later.
2. Mexico becomes the first country where judges are elected by citizens, with 86 votes in favour and 41 against, following a protest that saw demonstrators break into the chamber.
3. Algeria’s constitutional court upheld the president’s election win despite allegations of fraud.
4. Polish lawmakers voted to reform the country’s controversial constitutional court.
5. On Wednesday, Cyprus’ Supreme Court ordered the dismissal of the comptroller general due to misconduct and interference with judicial proceedings.
6. An Alaskan citizen has been accused of threatening to kill six Supreme Court justices via its official website.

New Scholarship

1. Tereza Marošková, 2024, Conflict conditionality in the Western Balkans: its conceptualization, evolution, and nature (this article examines the qualitative nature of conflict conditionality and its evolution in three different stages of contractual relations between the EC/EU and the Western Balkan states)
2. Paul E. Wilson, 2024, How an Ethno-Nationalism Can Thwart Transitional Justice (this chapter focuses upon the systemic entrenchment of injustice that appears in some types of ethno-nationalism)
3. Nedim Hogić, 2024, Pre-enlargement Reform Failures in the Western Balkans: Social and Economic Preconditions of the Rule of Law (this paper investigates the attempts of the European Union to promote and entrench the rule of law standards in the Western Balkans countries)
4. Maja Sahadžić and Patricia Popelier, 2024, Constitutional Asymmetry Through an Empirical Lens: A Federal Device for Diverse Systems (this chapter strives to answer the question: how effective is constitutional asymmetry as a form of territorial diversity management?)
5. Tahir Herenda, 2024, The path dependency of power-sharing: Bosnia and Herzegovina’s, Cyprus’, and Lebanon’s first experiences with popular representation (this article aims to investigate the impact of historical legacies on popular representation and institutional structures in Bosnia and Herzegovina, Cyprus and Lebanon)

Calls for Papers and Announcements

1. The Editorial Board of the Indian Constitutional Law Review calls for papers for the next edition of the Law Review. We invite submissions from students, academicians, professionals, and other members on contemporary issues of constitutional law, administrative law and comparative constitutionalism.
2. Human Rights Law Review aims to publish one symposium issue per year on a topic within the Review’s remit. The symposium should consist of a framing introduction or editorial, and 3-6 pieces taking the form of academic articles.
3. Call for Submissions: Symposium on Enhancing Compliance with Human Rights from Below in Times of Crisis. The Editors of the Asian Yearbook of Human Rights and Humanitarian Law (Brill Nijhoff) are inviting submissions for their upcoming (hybrid) symposium on “Enhancing Compliance with Human Rights from Below in Times of Crisis” to be held on Friday 13 December 2024 at the Faculty of Law of Hasselt University, Belgium.
4. The 2025 ESIL Research Forum will take place on Thursday 20 and Friday 21 March 2025 and will be hosted by the Department of Law of the University of Catania, Italy.
5. HAKI Journal of Human Rights is an annual peer-reviewed academic journal that seeks to provide researchers, scholars and human rights practitioners with a platform for engaging in human rights theory, practice and advocacy.
6. MRM is constantly looking for contributions in German and English for the upcoming issues. Contributions can be submitted directly via website at www.menschenrechtsmagazin.de.

Elsewhere Online

1. Story of a Death Foretold (16 September 2024)
2. The Future of the European Green Deal (12 September 2024)
3. For better or for worse? Grand Chamber takes over cases concerning pushbacks at the Belarusian border (06 September 2024)
4. M.A. and others v. France: The ‘End Demand’ model of Regulating Sex Work goes to Strasbourg (03 September 2024)
5. Freedom of Association in Australia (17 September 2024)