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.
Category: <span>Session III</span>
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)...
CONSTITUTIONAL REVIEW IN CHINA
This panel involves 7 public scholars in China. Four speakers will give presentations and Prof. Qinwei GAO and Dr. P.Y. Lo will be the commentators. This panel will be moderated by Prof. Cora CHAN. Prof. WANG will share the latest debate over the nature of constitutional law in contemporary China, and invite one German scholar...
THE SCOPE AND NATURE OF NON-STATUTORY EXECUTIVE POWERS AFTER MILLER: A CONCEPTUAL AND COMPARATIVE INQUIRY
The purpose of this panel is not to rehash doctrinal controversies around the Article 50 Miller decision of the UK Supreme Court. Instead it will move the academic debate forward by considering some fundamental questions about prerogative powers in light not only of that case but also comparative judicial treatment of non-statutory executive powers (‘NSPs‘),...
THE TWILIGHT OF JAPAN’S POSTWAR CONSTITUTION
Japan is now in a state of what Bruce Ackerman called “constitutional politics“. In past five years, the ruling coalition of PM Shinzo Abe’s LDP and Komeito has won all national elections and secured supermajority in both houses of the Diet, thus meeting the requirement of proposing amendment to the Constitution. The Prime Minister has...
[GLOBCON] THE FUTURE OF GLOBAL CONSTITUTIONALISM
Constitutionalist ideas inspire men and women around the world to claim their rights and build political movements towards the establishment of legal and political orders. The commitment to the three foundational features of the global constitutionalism — human rights, democracy and the rule of law — is not a commitment to abolish or flatten national...
WOMEN RIGHTS AT RISK: A COMPARATIVE ANALYSIS
In spite of the conceptual difference between the words sex (indicating biological differences between men and women) and gender (which refers to social and cultural norms), for long time patriarchal stereotypes based on gender have justified discriminatory treatments against women. This made necessary a massive legal effort for erasing gender discrimination as well as the...
PROTECTING NATIONAL SECURITY AND PREVENTING TERRORISM THROUGH ADMINISTRATIVE MEASURES
In many democracies governments have to consider what measures to adopt in an effort to best protect their national security. The war against terrorism has increased the use of administrative measures that can be quickly adopted and effectively implemented. The panel aims to discuss the importance of legal design in balancing security and fundamental rights...