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...
Category: <span>Session II</span>
CONCEPTUALIZING AND OPERATIONALIZING IDENTITY: A CHALLENGE FOR PUBLIC LAW
The conceptual framework of the panel concerns the role of public law in identity politics, in particular how law can conceptualize racial, gender and religious identities. One paper provides an overview of potential concepts through which the issue can be assessed, focusing in particular on the legal-administrative conceptualization of “choice“ and “fraud.“ Another explores how...
THE ROLE OF EXPERTS IN PUBLIC LAW
In the last decade we have observed a gradual disenchantment with the reign of elites and experts. The legitimacy of the experts has traditionally been associated with governmental authority or high levels of expertise. On the one hand, with the rise of automation and digital platforms, everyone appears to have a say, the crowd has...
PUBLIC LAW IN THE DIGITAL ERA I: REGULATORY PERSPECTIVES FROM THE 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 first...
RECONSIDERING THE LEGAL EFFECTS OF THE CHINESE CONSTITUTION
On the basis of newly available court decisions, official documents and literature, the panel investigates different layers of the legal effects of the Chinese constitution. Although the Chinese Communist Party holds sovereign power to determine the meaning of the constitution in the one-party state, legal scholarship and court practice advance their distinctive approaches to develop...
CONSTITUTIONAL REFORMS IN TIMES OF ECONOMIC AND POLITICAL CRISIS: THE ROLE OF COURTS
Constitutional reforms often occur under moments of national crisis, mainly economic and political ones. Recent economic crisis around the globe have intensified the adoption of austerity policies, reducing public spending in health system, labor and pension rights. Furthermore, political crisis in the representative government have generated self-protection measures for the maintenance of politicians in office,...
CONSTITUTIONALISATION, DECONSTITUTIONALISATION AND EUROPEANISATION OF ADMINISTRATIVE LAW: A CHALLENGE FOR THE IDENTITY OF PUBLIC LAW
A key feature of the identity of public law is, as Sabino Cassese has just recalled in an I*CON Guest Editorial, its traditional subdivision into constitutional and administrative law – a subdivision which the ongoing process of constitutionalisation relativises, though. Its degree varies from country to country. Moreover, two megatrends impacting European administrative legal orders,...
TOWARDS EVER MORE EFFECTIVITY IN ANTIDISCRIMINATION LAW? TECHNICAL AND THEORETICAL INNOVATIONS IN A COMPARATIVE PERSPECTIVE
The question of discrimination has been a point of convergence for clashing societal demands. Claims for identity and diversity accommodation have met increasing opposition in the form of assimilationist discourses on security and dignity. Due to its balancing function, antidiscrimination law has been on the frontline of these debates, crystallising questions over its scope, purpose...
RETHINKING PEACE AND CONSTITUTION MAKING
Constitutions are considered tools to entrench peace and the rule of law; however, using constitutions to fulfil these demands raises challenges and so requires new way of thinking on how constitutions are drafted/amended in such contexts. A result of these demands is that it has become necessary to simultaneously pursue the sometimes-inconsistent requirements of peace-making...
CONSTITUTIONALISM AND CONSTITUTIONAL ACTORS IN COMPARATIVE PERSPECTIVE
How do constitutions conceive of duties in addition to rights? How do constitutional provisions manufacture national identity through symbolism? What is the role of the courts in a dominant political party system in shaping the constitution? This panel brings together a range of theoretical, empirical, and comparative perspectives to challenge and explore concepts of constitutionalism...