Constitutional change is fundamental to understanding a constitutional order. On the one hand, constitutional change involves the foundational questions of a political community. Should we create a new constitution? Should we change our constitution? What is the relationship between constitution, state and people? On the other hand, the mechanisms for constitutional change are highly relevant...
Tag: <span>TUESDAY JUNE 26 2018 11:00 AM – 12:30 PM</span>
CONSTITUTIONAL DEMOCRACY IN CRISIS? I
The early twenty-first century appears of be a period of turmoil in many seemingly stable constitutional democracies. This panel and two others discuss such questions as these: Are there general forces weakening constitutional democracy around the world, or are there nation-specific reasons for crises that simply happen to be occurring at roughly the same time?...
JUDICIAL REVIEW IN YOUNG DEMOCRACIES: INDIVIDUAL ACCESS TO CONSTITUTIONAL ADJUDICATION
Whilst judicial review is incompatible with authoritarian ideology, the introduction of such mechanism is key to democratic constitutions. A main challenge faced in this regard is whether to adopt a centralised review, exercised by a specialized institution, or a dispersed one, entrusting ordinary courts with this power. A related issue concerns the design of individual...
PUBLIC LAW AND THE DIGITAL ERA II: TRADE AND DATA FLOWS BETWEEN EU, JAPAN, AND CHINA
Digitalization is the megatrend of the early 21st century. Historically, much of digital innovation has originated in clusters around major US universities, most notably in Silicon Valley. Consequently, US internet law and policy had outsized influence and global impact. Yet, in current changing times, the emerging ‘digital law‘ will likely look more amorphous. This second...
THE COMPARATIVE LAW OF DEMOCRACY
This panel considers central aspects of the comparative law of democracy of relevance for multiple constitutional orders. The papers collectively consider political candidacy, election commissions and democratic decline, and the use of referenda. The panel raises doctrinal, historical, comparative, and theoretical perspectives on these topics.
POPULIST CHALLENGES TO LIBERAL CONSTITUTIONALISM II
The two panels deal with the future of liberal constitutionalism amid the emergence of populist constitutionalism. The first panel will explore the possible reasons of both left- and right-wing populism, and their relationship to liberal constitutionalism. The second panel concentrates on case studies in Europe and beyond (Israel, Brazil). Here, particular attention will be paid...
THE SCOPE AND NATURE OF NON-STATUTORY EXECUTIVE POWERS AFTER MILLER: A CONCEPTUAL AND COMPARATIVE INQUIRY
The purpose of this panel is not to rehash doctrinal controversies around the Article 50 Miller decision of the UK Supreme Court. Instead it will move the academic debate forward by considering some fundamental questions about prerogative powers in light not only of that case but also comparative judicial treatment of non-statutory executive powers (‘NSPs‘),...
CONSTITUTIONAL REVIEW IN CHINA
This panel involves 7 public scholars in China. Four speakers will give presentations and Prof. Qinwei GAO and Dr. P.Y. Lo will be the commentators. This panel will be moderated by Prof. Cora CHAN. Prof. WANG will share the latest debate over the nature of constitutional law in contemporary China, and invite one German scholar...
THE TWILIGHT OF JAPAN’S POSTWAR CONSTITUTION
Japan is now in a state of what Bruce Ackerman called “constitutional politics“. In past five years, the ruling coalition of PM Shinzo Abe’s LDP and Komeito has won all national elections and secured supermajority in both houses of the Diet, thus meeting the requirement of proposing amendment to the Constitution. The Prime Minister has...