A Constitution with Multiple Judicial Voices: The Challenge of Canon Construction in European Constitutionalism
My paper is concerned with the challenge of canon construction in European constitutionalism. This challenge stems from the unique, dynamic character of European constitutionalism, marked by the continuing presence of competing claims to ultimate legal authority. Accordingly, the paper suggests that our discussion should focus on constructing a canon which would help manage the conflicts...
Canon construction and global constitutionalism: The normative challenge
This presentation explores the normative challenges of constructing a canon of comparative constitutional and human rights law and the relationship of that project to the broader theme of global constitutionalism.
Canon construction as an interpretive exercise: A critical perspective
This paper argues that we should look at the project of canon construction as not merely a descriptive, but an interpretive exercise (channeling Dworkin) — and we should think carefully about how matters of experience and perspective (i.e. who is at the table) will shape what counts as canonical, and what cases are part of...
Constitutional Values as Legitimation Formulas: a systems theoretical critique
Constitutional values are too unstable and conflictual to provide for normative foundations of constitutional organisations. Values actually may become sources of legitimacy deficits and even illegitimacies themselves. National and post-national constitutions, therefore, require further institution-building and constitution-making to transform values into autonomous structures and semantics such as constitutional rights and supranational or transnational constituent polities....
Constructing the Global Constitutional Canon: Authority and Criticism in Comparative Constitutional Law
With the surge of right-wing populism in many parts of Europe and the United States, the prospects of democratic constitutionalism appear once again at risk today. Yet, in spite or perhaps because of it, comparative constitutional law is doing well. With our success, new challenges and questions have arisen. As a discipline, we must debate...