This panel invites scholars to engage with a relatively neglected idea of 20th century constitutional studies: the material constitution. As an object of constitutional study, this notion has been engaged in a systematic way only by legal institutionalists of the first wave (Heller, Smend, Mortati, Schmitt of the 30s) and, in a different tradition, by...
Tag: <span>Marco Goldoni</span>
CONSTITUTIONS AND MARKETS: A DISCUSSION OF ‘THE REDRESS OF LAW’
This panel addresses the issue of constitutional reflexivity in the age of austerity and market thinking by discussing the forthcoming monograph by Emilios Christodoulidis, “The Redress of Law. Constitutionalism and Markets“ (Cambridge University Press, 2018, forthcoming). Each of the four panelists will take up a specific chapter of the book and will discuss it from...
Labour constitutionalism
This intervention will discuss the chapter on social rights and protection of work. In particular, the potential offered by the constitutionalisation of a contradiction between individual property rights and labour rights will be explored and assessed. The discussion will be opened to examples from different constitutional jurisdictions.
The Material Constitution of the Euro and Emergency Measures
An accepted narrative on the Euro crisis postulates that it offered the chance to transform the EU material constitution via emergency powers. This paper tries to advocate the opposite: emergency actions were required in order to address and contain the negative and destabilizing effects generated by the contradictions afflicting the governance of the Euro. In...
The Limits of Normative Constitutionalism
Global constitutionalism is one of the outstanding accomplishments of normative constitutional theory. The most successful instantiations of normative constitutional theories of global constitutionalism have taken up perspectives that seemed potentially incompatible: legal pluralism and the sociology of constitutions. The normative case for global constitutionalism as the arguments given in support of global constitutionalism are very...