At ICON-S 2017 in Copenhagen, members and friends of the Political Constitutional Theory (PolCon) network organised a panel subtitled ‘A View from Political Theory‘. We will retain the subtitle at ICON-S 2018 especially as political theory cannot be said to be over-reprsented in the papers presented at the conferences. The title of this year‘s panel...
Category: <span>Panel Paper</span>
CHIEF JUSTICES IN SEMI-DEMOCRACIES: COMPARATIVE PERSPECTIVES ON JUDICIAL (DIS)EMPOWERMENT
This panel will examine the role of chief justices in semi-democratic judicial systems. The global expansion of judicial power has seen a concomitant expansion of court presidents‘ powers. But to date there is no systematic efforts to compare or theorize the new powers and roles of these judicial leaders and their effects on judicial empowerment....
CURRENT STATUS AND FUTURE OF EMU AND EBU IN A CONSTITUTIONAL DIMENSION
Both the European Economic and Monetary Union and the European Banking Union are currently in a phase of consolidation. Several European and international legal norms were recently adopted to strengthen the EMU‘s resilience and preserve the common currency. However, these measures are deemed largely insufficient and there is a wide consensus that further reforms are...
EXCLUSIONARY CONSTITUTIONALISM
This panel considers how constitutional symbolism as well as constitutional design can and have been used as tools in nationalist, majoritarian and colonial projects. The panel papers examine a number of vehicles for constitutional inclusion/exclusion: constitutional directives, invocations of the nation in postcolonial constitutions, institutions in settler states, and unamendable provisions reinforcing majoritarian values. The...
MASS MIGRATIONS IN THE PUBLIC EMERGENCY NARRATIVE: SOLIDARITY, HUMAN RIGHTS AND SOVEREIGNTY REVISITED?
The phenomenon of mass migrations represents an international dilemma encompassing increasingly complex questions for the EU transnational and global community. It calls for progressive solutions and specific legal frameworks on adequate forms of assistance to the benefit of States most severely affected by massive refugees‘ and migrants‘ movements, while also paying respect for human dignity...
THE RULE OF LAW AND NON-DEMOCRATIC REGIMES
To what extent and in what form can the rule of law exist in non‐democratic jurisdictions? This panel explores issues related to these perennial questions from fresh angles. The first two papers expound the nature of the rule of law. Jeff King argues that state regulation is an important element of the rule of law,...
THE STUDY OF THE MATERIAL CONSTITUTION
This panel invites scholars to engage with a relatively neglected idea of 20th century constitutional studies: the material constitution. As an object of constitutional study, this notion has been engaged in a systematic way only by legal institutionalists of the first wave (Heller, Smend, Mortati, Schmitt of the 30s) and, in a different tradition, by...