The term “constitutional identity“ has emerged in jurisprudence and academic debate as a limit of constitutional reform and supranational integration. However, the basis of this concept is rather unclear and must be closely examined from a theoretical and comparative perspective.Therefore, the panel intends to clarify whether constitutions have implicit limits to their reform even if...
Tag: <span>MONDAY 25 June 2018 16:45-18:15</span>
INSTITUTIONAL FAILURE IN COMPARATIVE CONSTITUTIONAL LAW
This panel investigates the role that institutional failure performs in comparative constitutional law. It interrogates the concept’s meaning, the ways in which it manifests in practice, and its consequences for particular claims in constitutional theory. The papers examine, in particular, (a) the role of regional human rights bodies in addressing institutional failure at the national...
CONSTITUTIONALIZING TRANSITIONAL JUSTICE: HOW CONSTITUTIONS AND COURTS DEAL WITH THE PAST ATROCITY
This panel brings scholars and practitioners from different countries (Hungary, Poland, Kazakhstan, and Taiwan ) and disciplines (law and political science) together to analyze the indispensable role of constitutions and constitutional courts in the process of overcoming political injustice of the past. Issues raised in the panel include: is a new constitution inevitable for the...
LEGAL CONTESTATIONS OVER INTERSECTIONAL IDENTITIES AND SUBSTANTIVE EQUALITY
This panel explores the challenges posed to public law by current contestations over intersectional identities. It picks four contemporary debates in human rights and equality law which demonstrate some of the key challenges in addressing the structural oppression of those who belong to multiple disadvantaged groups. It analyses their claims of diversity accommodation, individual and...
DEMOCRACY AND RULE OF LAW IN ASIA (I)
Epic clashes between democracy and the rule of law now increasingly arise in many Asian jurisdictions. Indeed, these new battlegrounds have demonstrated a global reality: that these vastly important principles not only complement one other and help to sustain governments and nations, but also frequently converge, thus jeopardising such institutional arrangements. Recent events in East...
NEW DEVELOPMENTS IN CHINESE CONSTITUTIONAL LAW
Over the last decade, Chinese constitutional law has become an ever-vibrant field, which has incorporated a series of new topics, perspectives and methodologies, leading to vastly different yet equally stimulating takes on the what, why and how of constitution in China. This panel intends to, in a small way, reflect these new developments in this...
NORMATIVISM AND ANTI-NORMATIVISM IN PUBLIC LAW
Is a constitution a set of legal rules from which officials obtain guidance for their own conduct and for assessing the conduct of others; or is it the result of ever-negotiable settlements employed to sustain peaceful cooperation? Those who answer the first question affirmatively are considered to be normativists; those who opt for the second...
THE MOVEMENT OF PEOPLE IN A BORDERLESS SOCIETY AND THEIR IDENTITY: DEMOCRATIC RIGHTS, TAX, AND SOCIAL SECURITY
The world is facing legal challenges as more and more people cross borders not only as international migrants and refugees but also as working people moving across local boundaries within a country. How can existing legal systems govern individual identities in these moving demographics? The question arises in particular as to where people “belong“: the...