Legal drafting is the area of knowledge that envisages the creation of rules, standards and methods to draft laws with quality. This panel presents a research project of the Lisbon Centre for Research in Public Law which aims the definition of common standards for legal drafting in the Portuguese speaking countries and regions (Angola, Brazil,...
Category: <span>Panel Paper</span>
POPULIST CHALLENGES TO LIBERAL CONSTITUTIONALISM II
The two panels deal with the future of liberal constitutionalism amid the emergence of populist constitutionalism. The first panel will explore the possible reasons of both left- and right-wing populism, and their relationship to liberal constitutionalism. The second panel concentrates on case studies in Europe and beyond (Israel, Brazil). Here, particular attention will be paid...
THE COMPARATIVE LAW OF DEMOCRACY
This panel considers central aspects of the comparative law of democracy of relevance for multiple constitutional orders. The papers collectively consider political candidacy, election commissions and democratic decline, and the use of referenda. The panel raises doctrinal, historical, comparative, and theoretical perspectives on these topics.
PUBLIC LAW AND THE DIGITAL ERA II: TRADE AND DATA FLOWS BETWEEN EU, JAPAN, AND CHINA
Digitalization is the megatrend of the early 21st century. Historically, much of digital innovation has originated in clusters around major US universities, most notably in Silicon Valley. Consequently, US internet law and policy had outsized influence and global impact. Yet, in current changing times, the emerging ‘digital law‘ will likely look more amorphous. This second...
CONSTITUTIONAL CHANGE: FOUNDATIONS AND BALANCE OF POWER
Constitutional change is fundamental to understanding a constitutional order. On the one hand, constitutional change involves the foundational questions of a political community. Should we create a new constitution? Should we change our constitution? What is the relationship between constitution, state and people? On the other hand, the mechanisms for constitutional change are highly relevant...
JUDICIAL REVIEW IN YOUNG DEMOCRACIES: INDIVIDUAL ACCESS TO CONSTITUTIONAL ADJUDICATION
Whilst judicial review is incompatible with authoritarian ideology, the introduction of such mechanism is key to democratic constitutions. A main challenge faced in this regard is whether to adopt a centralised review, exercised by a specialized institution, or a dispersed one, entrusting ordinary courts with this power. A related issue concerns the design of individual...
CONSTITUTIONAL DEMOCRACY IN CRISIS? I
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?...
REGULATING ONLINE THREATS TO DEMOCRACY
The scope and reach of social media and other online platforms has forced officials and citizens to recalibrate traditional boundaries between public and private regulation of speech, between local and global harms, and between speech and conduct. The balance of harms associated with regulation of defamation, political campaign speech, and hate speech requires new thinking,...
RELIGION AND (IL)LIBERAL CONSTITUTIONALISM IN ASIA
Asia is a fascinating laboratory of challenging interactions between religion and constitutional law, either in liberal or non-liberal settings. This panel examines how, in several Asian jurisdictions, Buddhism, Islam and Christianity are being mobilized, invoked and understood by various actors including constitutional courts and commissions – and the effects on the general state of (il)...