Introduction to the subject

Donald Trump’s second term is testing the categories of public law at a pace and on a scale without precedent. Executive orders issued by the hundreds; sweeping reliance on emergency powers and emergency legislation; the dismissal of heads of independent agencies; the unilateral freezing or redirection of funds appropriated by Congress; financial pressure brought to bear on universities and law firms; deals negotiated with private companies; open challenges to the authority of federal judges: taken together, these measures point to a method of government whose coherence calls for close study. This moment is one that comparative public law has several reasons to examine. The mechanisms by which checks and balances are gradually eroded, observed over the past two decades across a range of democracies, are at work here, within a system long held up as a model, and on a scale that repays detailed analysis. Their effects are felt well beyond the United States. Proposals may therefore address the American case alone, or the reception and effects of American policy in other legal systems.

Non-exhaustive list of suggested topics

• International law: tariffs, sanctions, the use of force, withdrawal from or suspension of treaty commitments.

• Federal agencies: dismissals, control over rulemaking, administrative dismantling.

• The federal civil service: employment status, loyalty, workforce reductions.

• Universities: academic freedom under the pressure of federal funding.

• The states: litigation, refusal to cooperate, federalization of the National Guard.

• Congress: the power of the purse, impoundment of appropriations, war powers.

• Federal district and appelate judges: the scope of injunctions, compliance with decisions, attacks on judicial authority.

• The Supreme Court: emergency procedures, political balances.

• Elections : voter registration requirements, redistricting, post-election litigation.

• Non-citizens: removal, nationality, exceptional procedures.

• Tax and customs law: domestic and international economic choices.

• The armed forces: deployments at home and abroad.

• Negotiation as a mode of governance: agreements concluded with a range of actors.

Procedure

Proposals of 3,000 and 5,000 characters, togegher with a short biographical note, should be sent to the editor by October 1^st, 2026. Authors will be notified of the outcome by October 15^th, 2026.

Full articles are due to the editorial board by January 15^th, 2027. They will undergo double-blind peer review. Because the subject matter is moving quickly, authors are asked to state the date on which their research was completed.

Articles may be written in French or English. They should run to between 30,000 and 50,000 characters, including spaces. Contributions in French must follow the journal’s style guide available here; contributions in English must follow OSCOLA.

Proposals, completed articles and any questions should be addressed to the guest editor of the issue, Julien Jeanneney, Professor of Public Law at the University of Strasbourg, member of the Institut universitaire de France: jeanneney@unistra.fr.

The issue will appear in July 2027.