The principle of the separation of powers, far from being simply a constitutional principle for the organisation of public powers, is actually one of the traces that enables us to historically reconstruct the changes in constitutionalism and the original idea of defending the individual from the will of state power. We are today in the midst of a deep transformation of the public sphere,...
Category: <span>Session III</span>
COMMON LEGAL DRAFTING RULES FOR THE PORTUGUESE-SPEAKING COUNTRIES AND REGIONS
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,...
THE AUTHORITARIAN PUSHBACK AND THE RESILIENCE OF INTERNATIONAL INSTITUTIONS – PART 2
More than a decade after the emergence of public law approaches to international institutions, such as Global Administrative Law, Global Constitutionalism, or International Public Authority, the international order has changed dramatically. The Trump administration and Brexit epitomize a growing trend against global governance. What had once been taken for granted – the proliferation of institutional...
THE CHANGING LANDSCAPE OF CHINESE CONSTITUTIONALISM
This panel investigates the changing landscape of Chinese constitutionalism from three aspects: the rise of the Supreme People’s Court in protecting property rights, the establishment of the National Supervisory Commission and the unconstitutional constitutional changes regarding market economic institutions.
INTERNATIONAL NORMS AND CONSTITUTIONAL CHANGE IN UNRECEPTIVE ENVIRONMENTS: THE SOUTH EAST ASIAN CONUNDRUM I (THE INVESTEE STATE)
How do international norms bring about constitutional and administrative change in apparently unreceptive environments? In South East Asia there is sensitivity to international law intruding on domestic sovereignty; a patchy tradition of constitutional democracy; and the central vehicle for international engagement, ASEAN, largely eschews binding norms. This panel nevertheless hypothesises that international norms have brought...
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...
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...
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...
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?...