Considerations of legal pluralism and human rights do not go readily hand in hand – on the face of it they appear to have different core concerns and motivations, with the former being conceptual in character while the latter is normative (Provost & Sheppard 2012: 1). This panel challenges this alleged incompatibility, and proceeds on...
Tag: <span>MONDAY 25 June 2018 16:45-18:15</span>
CONSTITUTIONAL IDENTITY AND CONSTITUTIONAL CHANGE IN THE GLOBAL NORTH AND GLOBAL SOUTH
This panel is an invitation to start a public law oriented discourse about the legal concept of “constitutional identity“, which conceived here as the “identity of the constitution“. It is seen as a part of the constitution, with which the constituent people/nation can identify with as they created it in the course of constitution-making and...
LAW OF THE DIGITAL AGE
The global and digital life is a challenge for every regulator worldwide: with the wide use of robotics, artificial intelligence and blockchain technology, the world is now changing faster than the law could give an adequate reaction. This is effecting many spheres of life: from governmental offices to private workplaces, from the procurement process to...
GPS INVESTIGATIONS IN JAPAN
This panel reviews GPS investigations in Japan. In 2017, the Japanese Supreme Court held that warrantless GPS searches are illegal. This case shows the boundary of permissible investigation using high technology. Rapidly developing technology challenges legal research. The Japanese Constitution has no term for “privacy,“ and its notion and scope have been questioned in Japan....
DEMOCRACY AND REPRODUCTION
The panel explores the challenges faced by public institutions in dealing with abortion regulation. David Kenny will address the ongoing debate on the repeal of the 8th Amendment of the Irish constitution; Antonia Baraggia will compare the current abortion regulation in US and Europe under a constitutional point of view, arguing that federalism may be...
THE AESTHETICS OF DEMOCRACY: A VIEW FROM POLITICAL THEORY
At ICON-S 2017 in Copenhagen, members and friends of the Political Constitutional Theory (PolCon) network organised a panel subtitled ‘A View from Political Theory‘. We will retain the subtitle at ICON-S 2018 especially as political theory cannot be said to be over-reprsented in the papers presented at the conferences. The title of this year‘s panel...
CONSTITUTIONALISM IN CONTEXT I
The papers on this panel, drawn from the forthcoming volume Constitutionalism in Context (CUP 2018), offer contextual and interdisciplinary perspectives on issues and jurisdictions at the cutting edge of the study of constitutionalism. Each chapter introduces the reader to a jurisdiction in a context-rich way, then proceeds to explore an emerging issue at length in...
IN TECHNICAL TERMS: PUBLIC LAW AND THE TECHNOLOGIES OF GOVERNANCE
This panel explores public law‘s character in an age of technical governance. As a field, public law draws on principles, such as fairness, justice, and democracy. But technicalities shape how public law governs. Programs ranging from infrastructure to social services are delivered by multiple state and arm‘s-length agencies and regulated by many intersecting rules. Administrative...
PROTECTION OF CONSTITUTIONAL IDENTITY
This panel seeks to explore the notion of the protection of constitutional identity through the following perspectives: The tools of constitutional guardianship, the constitutionalization of transitional justice, and the institutionalization of transnational networks of constitutional courts. More specifically, are tools of protection applicable across a variety of constitutional systems? If so, are there variations within...
“THE OTHERS“ OF EUROPE: DEPRIVING MIGRANTS AND MINORITIES OF HUMAN RIGHTS PROTECTION
Migrants, refugees, asylum seekers – these are “the Others“ arriving in a new, often unknown and hostile destination. Even if the place of arrival (or residence) is an otherwise democratic, fully rights-protective European state, “the Others“ encounter often not merely social hostility but also severe restrictions in adhesion policy, expulsions rules and other practices of...