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...
Tag: <span>Mattias Kumm</span>
Beyond Juristocracy and Legislative Authoritarianism: On the criteria governing the legitimate institutionalization of the relationship between courts and legislatures
The idea of Socratic contestation provides not only a basic account of the point of judicial review but also guides its appropriate institutionalization. The distinction between “strong“ and “weak“ judicial review is undercomplex. Instead a wider range of variables needs to be considered. This piece discusses what these variables are, how they matter and what...
Canon construction and global constitutionalism: The normative challenge
This presentation explores the normative challenges of constructing a canon of comparative constitutional and human rights law and the relationship of that project to the broader theme of global constitutionalism.
Normativist Resistance
Constitutionalism properly so called is connected to a commitment to to self-government of free and equals through law. As such it is tied not only to a distinctive normative conception of public law, but also grounds justifications for resistance and revolution.
The challenges and opportunities China presents for the evolution of Global Constitutionalism
The presentation put things in a global perspective, discussing in particular the significance of the rise of China.
Three Good Reasons Why Universal Human Rights Are Not The Same Everywhere
Human rights claim to be universal, yet different human and constitutional rights instruments contain different lists and even when the same rights are recognized in the abstract they are often interpreted differently across jurisdictions. I will argue that this variance of human rights practice across regimes and jurisdictions does not undermine the idea of the...