Our panel presents three empirical studies on adjudication in the areas of property law, family law and competition law, and in different jurisdictions including China and the EU.
Category: <span>Session IV</span>
CONSTITUTIONAL RIGHTS AND CORPORATE ACTORS
Constitutions and constitutional rights are predominantly designed to control the power and (non-)actions of state agencies within a given territory. Victims of corporate human rights abuses have very limited means – either in their home country or the country where the corporation in question is registered or, indeed, before an international forum – to seek...
DEVELOPING CONSTITUTIONAL IDENTITY THROUGH THE INCREMENTAL MODEL
The concept of constitutional identity can be considered from the duelling perspectives of socio-cultural theory or positivism. It can be also considered as a descriptive tool or as for normative purposes. The malleability of the concept has resulted in a diverse range of uses: to protect the constitution against supranational norms, or as a firewall...
POPULISM, AUTHORITARIANISM AND THE REGRESSION OF LIBERAL DEMOCRACY
This panel analyses the impact of populist regimes in recent liberal democracies and compares this to the constitutionalist struggle in illiberal or authoritarian states. Global democratic regression has almost become a buzzword in view of the rise of right wing populism, characterised by nationalism, xenophobia, and aggression towards ‘others‘. Populist or anti-pluralist movements claim to...
DISCRETION AT WORK – QUALITY OF LAW-MAKING & MIGRATION POLICY I: THEORIES
Work on better law-making and quality of legislation has boomed over the last decade. It is often cast as a gateway to law that better lives up to its very nature of rule-making in a normatively valuable sense, where societal challenges can be meaningfully tackled and goals achieved. There is a growing literature on the...
GLOBAL AND COMPARATIVE ADMINISTRATIVE LAW: IN QUEST FOR DEMOCRACY
The Panel intends to analyze the developments and limits of democratic guarantees in global administrative law, also from a comparative perspective. Speakers will deal with the following themes: present development of global administrative law; global standards and soft law; global administrative law and economic liberties; global administrative law and fundamental rights.
BOOK DISCUSSION: PROPORTIONALITY: NEW FRONTIERS, NEW CHALLENGES (CAMBRIDGE U PRESS, 2017)
This panel will bring together the editors and contributors to Proportionality: New Frontiers, New Challenges (2017). The panelists will discuss future directions for proportionality doctrine and scholarship, such as whether carefully designed and limited doctrines of proportionality can improve judicial decisionmaking, how proportionality doctrine is applied in different jurisdictions, its role in constitutionalism outside of...
BOOK DISCUSSION: ZORAN OKLOPCIC, BEYOND THE PEOPLE. SOCIAL IMAGINARY AND CONSTITUENT IMAGINATION (OUP, 2018)
This panel will bring together leading scholars to discuss Zoran Oklopcic‘ recent book: Beyond the People. Social Imaginary and Constituent Imagination (OUP, 2018). Beyond the People develops a provocative, interdisciplinary, and meta-theoretical critique of the idea of popular sovereignty. It asks simple but far-reaching questions: Can ‘imagined’ communities, or ‘invented’ peoples, ever be theorized without,...