BOOK DISCUSSION: PROPORTIONALITY: NEW FRONTIERS, NEW CHALLENGES (CAMBRIDGE U PRESS, 2017)

This panel will bring together the editors and contributors to Proportionality: New Frontiers, New Challenges (2017). The panelists will discuss future directions for proportionality doctrine and scholarship, such as whether carefully designed and limited doctrines of proportionality can improve judicial decisionmaking, how proportionality doctrine is applied in different jurisdictions, its role in constitutionalism outside of...

Panel 97, TUESDAY JUNE 26 2018 4:30 PM - 6:00 PM

BOOK DISCUSSION: ZORAN OKLOPCIC, BEYOND THE PEOPLE. SOCIAL IMAGINARY AND CONSTITUENT IMAGINATION (OUP, 2018)

This panel will bring together leading scholars to discuss Zoran Oklopcic‘ recent book: Beyond the People. Social Imaginary and Constituent Imagination (OUP, 2018). Beyond the People develops a provocative, interdisciplinary, and meta-theoretical critique of the idea of popular sovereignty. It asks simple but far-reaching questions: Can ‘imagined’ communities, or ‘invented’ peoples, ever be theorized without,...

Panel 96, TUESDAY JUNE 26 2018 4:30 PM - 6:00 PM

SOCIAL RIGHTS AND ECONOMIC INEQUALITY: CONSTITUTIONAL CHALLENGES IN COMPARATIVE PERSPECTIVE

Socio-Economic rights are widely recognized and protected both at national and supranational level. However the effectiveness of such recognition is still debated. The panel aims to address the current challenges in socio-economic rights protection in different countries. Karen Kong‘s paper analyses the Hong Kong‘s jurisprudential development in adjudicating social rights, looking also at the dynamics...

Panel 107, TUESDAY JUNE 26 2018 4:30 PM - 6:00 PM

IDENTITY POLITICS AND DISPUTE RESOLUTION IN NORMATIVE PLURALITIES

In plural societies identity politics and cultural practices of ethnic, religious, and sexual minorities are under pressure. At the constitutional level, religious identity politics—with the headscarf as the most prominent example—as well religious dispute resolution practices in ethno-religious communities—are increasingly seen as disregarding or threatening the constitutional and human rights order. The latter is particularly...

Panel 104, TUESDAY JUNE 26 2018 4:30 PM - 6:00 PM

THE MATERIAL CONSTITUTION OF THE EU

The constitutional order of the EU has been already approached by a number of different constitutional schools. This panel tries to test the epistemic value of a rather neglected notion in EU studies such as that of the material constitution by focusing on two inquiries: (1) whether the EU has a constitutional structure that qualifies...

Panel 102, TUESDAY JUNE 26 2018 4:30 PM - 6:00 PM