Category: <span>Panel Paper</span>
THE RELATIONSHIP BETWEEN LAW, REGULATION AND JUSTICE IN BREXIT
The panel explores the relationship between law, regulation and justice as to Brexit, at national and international level as a question of socio-legal and critical legal studies. Whose justice is affected by Brexit? How is a ‘just‘ Brexit to be evaluated? What are objective analytical tools for evaluating significant shifts in regulatory orders and structures?...
CONSTITUTIONAL DEMOCRACY IN CRISIS III
The early twenty-first century appears of be a period of turmoil in many seemingly stable constitutional democracies. This panel and two others discuss such questions as these: Are there general forces weakening constitutional democracy around the world, or are there nation-specific reasons for crises that simply happen to be occurring at roughly the same time?...
INSTITUTIONAL FAILURE IN COMPARATIVE CONSTITUTIONAL LAW
This panel investigates the role that institutional failure performs in comparative constitutional law. It interrogates the concept’s meaning, the ways in which it manifests in practice, and its consequences for particular claims in constitutional theory. The papers examine, in particular, (a) the role of regional human rights bodies in addressing institutional failure at the national...
NEW DEVELOPMENTS IN CHINESE CONSTITUTIONAL LAW
Over the last decade, Chinese constitutional law has become an ever-vibrant field, which has incorporated a series of new topics, perspectives and methodologies, leading to vastly different yet equally stimulating takes on the what, why and how of constitution in China. This panel intends to, in a small way, reflect these new developments in this...
DEMOCRACY AND RULE OF LAW IN ASIA (I)
Epic clashes between democracy and the rule of law now increasingly arise in many Asian jurisdictions. Indeed, these new battlegrounds have demonstrated a global reality: that these vastly important principles not only complement one other and help to sustain governments and nations, but also frequently converge, thus jeopardising such institutional arrangements. Recent events in East...
NORMATIVISM AND ANTI-NORMATIVISM IN PUBLIC LAW
Is a constitution a set of legal rules from which officials obtain guidance for their own conduct and for assessing the conduct of others; or is it the result of ever-negotiable settlements employed to sustain peaceful cooperation? Those who answer the first question affirmatively are considered to be normativists; those who opt for the second...
THE MOVEMENT OF PEOPLE IN A BORDERLESS SOCIETY AND THEIR IDENTITY: DEMOCRATIC RIGHTS, TAX, AND SOCIAL SECURITY
The world is facing legal challenges as more and more people cross borders not only as international migrants and refugees but also as working people moving across local boundaries within a country. How can existing legal systems govern individual identities in these moving demographics? The question arises in particular as to where people “belong“: the...