The Panel intends to analyze the developments and limits of democratic guarantees in global administrative law, also from a comparative perspective. Speakers will deal with the following themes: present development of global administrative law; global standards and soft law; global administrative law and economic liberties; global administrative law and fundamental rights.
Category: <span>Panel Paper</span>
DISCRETION AT WORK – QUALITY OF LAW-MAKING & MIGRATION POLICY I: THEORIES
Work on better law-making and quality of legislation has boomed over the last decade. It is often cast as a gateway to law that better lives up to its very nature of rule-making in a normatively valuable sense, where societal challenges can be meaningfully tackled and goals achieved. There is a growing literature on the...
POPULISM, AUTHORITARIANISM AND THE REGRESSION OF LIBERAL DEMOCRACY
This panel analyses the impact of populist regimes in recent liberal democracies and compares this to the constitutionalist struggle in illiberal or authoritarian states. Global democratic regression has almost become a buzzword in view of the rise of right wing populism, characterised by nationalism, xenophobia, and aggression towards ‘others‘. Populist or anti-pluralist movements claim to...
RESEARCH METHODS IN CONSTITUTIONAL LAW
This panel surveys a variety of research methods in constitutional law, both old and new, from multiple disciplines. The papers on this panel will appear in Research Methods in Constitutional Law: A Handbook (Edward Elgar, forthcoming 2019).
GLOBAL STANDARDS AND THE EU: IMPLEMENTATION STRATEGIES AND BOTTOM-UP APPROACHES
Global standards affect regulatory autonomy in a number of different domains: product technical requirements, food safety, aviation safety, environmental protection, financial regulation. Even though the EU could in theory try to compete with this process, in practice it is often de facto complying with global standards. At the same time, the EU tends to –...
BOOK DISCUSSION: PROPORTIONALITY: NEW FRONTIERS, NEW CHALLENGES (CAMBRIDGE U PRESS, 2017)
This panel will bring together the editors and contributors to Proportionality: New Frontiers, New Challenges (2017). The panelists will discuss future directions for proportionality doctrine and scholarship, such as whether carefully designed and limited doctrines of proportionality can improve judicial decisionmaking, how proportionality doctrine is applied in different jurisdictions, its role in constitutionalism outside of...
IDENTITY POLITICS AND DISPUTE RESOLUTION IN NORMATIVE PLURALITIES
In plural societies identity politics and cultural practices of ethnic, religious, and sexual minorities are under pressure. At the constitutional level, religious identity politics—with the headscarf as the most prominent example—as well religious dispute resolution practices in ethno-religious communities—are increasingly seen as disregarding or threatening the constitutional and human rights order. The latter is particularly...
SOCIAL RIGHTS AND ECONOMIC INEQUALITY: CONSTITUTIONAL CHALLENGES IN COMPARATIVE PERSPECTIVE
Socio-Economic rights are widely recognized and protected both at national and supranational level. However the effectiveness of such recognition is still debated. The panel aims to address the current challenges in socio-economic rights protection in different countries. Karen Kong‘s paper analyses the Hong Kong‘s jurisprudential development in adjudicating social rights, looking also at the dynamics...
BOOK DISCUSSION: ZORAN OKLOPCIC, BEYOND THE PEOPLE. SOCIAL IMAGINARY AND CONSTITUENT IMAGINATION (OUP, 2018)
This panel will bring together leading scholars to discuss Zoran Oklopcic‘ recent book: Beyond the People. Social Imaginary and Constituent Imagination (OUP, 2018). Beyond the People develops a provocative, interdisciplinary, and meta-theoretical critique of the idea of popular sovereignty. It asks simple but far-reaching questions: Can ‘imagined’ communities, or ‘invented’ peoples, ever be theorized without,...