Infrastructures—whether physical, informational, digital—can have regulatory‐type effects. These include requiring, preventing, channeling, enabling, and nudging particular human and social behavior. Infrastructures also interact or compete with law. In these ways, infrastructures have major effects on social relations, identities, roles, capabilities, and possibilities. In today‘s world, infrastructures‐as‐regulation, and the enabling and controlling legal technologies and practices,...
Category: <span>Panel Paper</span>
CULTURAL HERITAGE UNDER THREAT AND PROBLEMS OF SECURITY IN WAR AND PEACE
This panel aims to address how institutions and private individuals may or may not, through and alongside public law and democracy, mediate, neutralize and potentially resolve the identity struggles and security threats which occur at cultural heritage sites. Identity struggles and accompanying security issues surrounding cultural heritage are present in history and in our contemporary...
IN TECHNICAL TERMS: PUBLIC LAW AND THE TECHNOLOGIES OF GOVERNANCE
This panel explores public law‘s character in an age of technical governance. As a field, public law draws on principles, such as fairness, justice, and democracy. But technicalities shape how public law governs. Programs ranging from infrastructure to social services are delivered by multiple state and arm‘s-length agencies and regulated by many intersecting rules. Administrative...
DELIBERATIVE CONSTITUTIONALISM
This panel features several authors from a new 26-chapter edited collection The Cambridge Handbook of Deliberative Constitutionalism (Ron Levy, Hoi Kong Graeme Orr and Jeff King, eds). Deliberative democratic theory emphasises the importance of informed and reflective discussion and persuasion in political decision-making. The theory has important implications for constitutionalism – and vice-versa – as...
PROTECTION OF CONSTITUTIONAL IDENTITY
This panel seeks to explore the notion of the protection of constitutional identity through the following perspectives: The tools of constitutional guardianship, the constitutionalization of transitional justice, and the institutionalization of transnational networks of constitutional courts. More specifically, are tools of protection applicable across a variety of constitutional systems? If so, are there variations within...
“THE OTHERS“ OF EUROPE: DEPRIVING MIGRANTS AND MINORITIES OF HUMAN RIGHTS PROTECTION
Migrants, refugees, asylum seekers – these are “the Others“ arriving in a new, often unknown and hostile destination. Even if the place of arrival (or residence) is an otherwise democratic, fully rights-protective European state, “the Others“ encounter often not merely social hostility but also severe restrictions in adhesion policy, expulsions rules and other practices of...
ADMINISTRATIVE DEMOCRACY
The Panel is concerned with various features of administrative democracy. In particular, speakers will deal with the following themes: participation in adjudication procedures; participation in rulemaking; transparency and access to administrative information; intensity of judicial review of administrative action; reforms of public administration.
DEMOCRACY IN AN AGE OF HYPER-LEGISLATION
In recent decades, successive Parliaments in Australia and elsewhere have proliferated an extraordinary amount of legislation. Notable features of this phenomenon are the complexity of these statutes and the breadth of discretionary powers bestowed on the executive government with a concomitant deleterious impact on fundamental rights. This panel explores various problems that arise from this...
DEMOCRATIC BACKSLIDING AND CONSTITUTIONAL CAPTURE – A GLOBAL PERSPECTIVE
In recent years the democratization process, which was characterized by the expansion of principles of democracy, human rights and the rule of law in many countries in the world, and by a significant shift of power to constitutional courts, has been replaced with the worldwide rise of populism and democratic backsliding. Democratic backsliding is an...