What’s New in Public Law

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—Dhruv Singhal, B.A. LL.B. (Hons) Candidate at National Law University, Jodhpur, India

—Miracle Okoth Okumu Mudeyi, LL.B (Hons) University of Nairobi, Advocate Trainee, Kenya School of Law, Kenya

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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. Poland’s Supreme Court has ruled to eliminate the requirement for transgender individuals to involve their parents in gender recognition proceedings, marking a significant step for trans rights in the country.
2. Thousands marched in Budapest on 22 February demanding fair pay and judicial independence, just days before the CJEU set EU-wide criteria for judges’ remuneration in Joined Cases C-146/23 and C-374/23. The ruling, which mandates judicial pay to be lawful, predictable, reviewable, and proportionate, directly challenges Hungary’s opaque salary system. With Hungary’s judicial wages lacking clear legal criteria and subject to political discretion, the decision strengthens calls for an EU infringement procedure and empowers Hungarian judges to contest their remuneration.
3. Morocco’s Constitutional Court has validated the controversial organic law on the right to strike, affirming that it does not violate the constitution. The decision follows weeks of labor protests, with the court making key observations on articles regarding the conditions and procedures for strikes. Despite its validation, labor unions have strongly opposed the law, citing concerns about restrictions on workers’ rights and government interference in strike actions.

In the News

1. Syria’s interim President Ahmed al-Sharaa has signed a temporary constitution that will govern the country for a five-year transitional period following the fall of Bashar al-Assad’s government. The constitution retains some elements from the previous system, including Islamic law as the primary source of jurisprudence, while also ensuring freedoms of expression and women’s rights. A new people’s assembly, primarily appointed by the president, will handle legislation until elections are held in four to five years.
2. Former Philippine President Rodrigo Duterte, known for his violent anti-drug campaign that led to thousands of deaths, was arrested by the International Criminal Court (ICC) for crimes against humanity. His arrest, resulting from political shifts within the Philippines, marks a significant moment for the ICC, though securing a conviction remains uncertain.
3. U.S. President Donald Trump claimed that the presidential pardons signed by President Joe Biden were invalid because they were allegedly signed with an autopen, suggesting Biden didn’t personally authorize them. This claim was debunked by fact-checkers, who noted that autopen use is a long-standing practice for presidents. Legal experts also pointed out that the method of signing does not invalidate presidential pardons, and there’s no requirement for a president to sign pardons personally.
4. In February, 2025, Thailand deported Uyghur detainees who they had held for the past decade back to China. Despite UN warnings and pleas from the detainees, Thailand claims the deportations were voluntary, while China insists the individuals will be reintegrated into society. Many Uyghurs fear returning to China, where they face imprisonment or worse due to the country’s ongoing human rights abuses. The U.S. has imposed sanctions on Thai officials in retaliation.
5. Germany’s chancellor-in-waiting, Friedrich Merz, is pushing for a €500bn defence and infrastructure fund, which may require amending the constitution to relax the country’s strict debt limits. Facing opposition from the Greens and left-wing parties, Merz warned of urgent security risks, while critics accused him of undemocratic tactics to rush the funding before the new Bundestag convenes.

New Scholarship

1. A new groundbreaking handbook, ‘The Cambridge Handbook of the Right to Freedom of Thought’ edited by Patrick O’Callaghan and Bethany Shiner released in March 2025,  explores the elusive right to freedom of thought—a crucial yet underexplored pillar in debates surrounding emerging neurotechnologies and AI. Drawing on insights from eighteen jurisdictions, the book offers a rich interdisciplinary analysis, illuminating how this right is protected, interpreted, and applied around the world. Whether you’re a seasoned scholar or new to the field, you’ll find fresh perspectives that reveal how freedom of thought interweaves with the broader matrix of rights safeguarding autonomy, dignity, and privacy.
2. A new report by Human Rights Watch details the Walande community’s forced relocation due to sea level rise in the Solomon Islands, documenting their challenges in moving without adequate support. While the government has adopted Planned Relocation Guidelines to assist communities, their full implementation remains pending, leaving the community’s rights still at risk.
3. An article by Babu P. Remesh, titled “Overwork Culture, Karoshi and the Right to Disconnect” published in the Economic and Political Weekly, discusses the ‘right to disconnect’ in the context of a recent incident of intensifying overwork culture clouding white-collar jobs in India’s corporate sector.
4. An article by Rishika Sahgal titled “Spatial Justice in Eviction Cases under the South African Constitution” discusses the recent jurisprudence of South African Constitutional Court which recognizes the spatial dimension in the resistance to forced evictions and the right to housing.

Calls for Papers and Announcements

1. The Indian Journal of Constitutional Law is now accepting submissions for its 13th edition. The deadline to submit is May 31st, 2025. Submission details here
2. Call for Papers for an edited volume that attempts to understand South Asia’s engagement with gender diversity and chronicle Trans-Narratives in the region. The deadline for submissions in April 10th, 2025. Subnission details here.
3. Call for Papers for the 10^th Annual Conference of the Danish Society for Marxist Studies, at Aarhus University, on the theme of ‘Abolition.’ Last date of submission of abstract is May 1st, 2025. Submission details here.
4. Call for Papers for an edited volume that examines the relationship between the rule of law and the development of the digital economy, focusing on how digital technologies reshape economies and necessitate robust legal frameworks to ensure fairness, spur innovation, and protect fundamental rights. The deadline for submissions is 31 March 2025. Submission details here.
5. Call for Papers for the Colloquium on Navigating Africa’s Political Landscape and its Impact on Sexual and Reproductive Health Rights, hosted by the University of Pretoria. The deadline for abstract submissions is 4 April 2025. The event is scheduled for 25–26 September 2025 at the University of Pretoria. Submission details here

Elsewhere Online

1. BIRN investigations have revealed that Romanian journalists were placed under surveillance by law enforcement during public-interest investigations, including probes into organized crime and corruption. The surveillance, linked to the National Anticorruption Directorate, raises concerns over press freedom and the protection of journalistic sources in Romania.
2. Short Circuit Podcast released an episode with Professor Daniel B. Rodriguez of Northwestern to discuss his book, “Good Governing: The Police Power in the American States.”