The papers in this panel address a number of questions relating to the role of courts as democracy builders. What are the costs and benefits of a court-centred strategy for protecting democracy? Are the circumstances in which a court-centred strategy is likely to be successful rare? What are the challenges for the courts if they...
Category: <span>Session VI</span>
UNCONSTITUTIONAL CONSTITUTIONAL AMENDMENTS IN COMPARATIVE PERSPECTIVE
This panel will consider a range of under-explored questions relating to the doctrine of unconstitutional constitutional amendments. Are their alternatives to invalidating a validly passed constitutional amendment? Can constitutional design and democratic sequencing deal with the problem of anti-democratic, but popularly supported, forms of constitutional change? How do we resolve the tension between ‘eternity‘ clauses...
DEMOCRACY AND THE GENDERED FAMILY
This panel will address the interest of democratic constitutional orders in the family, and particularly in enforcing and disrupting gender roles. Marriage and the family have been given constitutional status either explicitly or through judicial interpretation in many jurisdictions throughout the world, largely premised on the interest of the state in social reproduction and the...