This panel focuses on LGBT‘s fundamental rights judicial process of acknowledgement in Europe both at national and supranational level. In particular, it unfolds along three lines of thought: firstly, from a general and comparative perspective, the contribution of the vertical division of powers – as indicated by the contributory action of subnational legislation, administrative practice...
Tag: <span>WEDNESDAY JUNE 27 2018 9:00 AM – 10:30 AM</span>
Constitutional Courts, Decentralization and Democracy: a Research on the Participation of Subnational Entities and the Opening of Judicial Review
A Constitutional Court, in federal or quasi-federal countries, defines the degree of centralization or political decentralization. Therefore, this research seeks to identify whether the opening of the Court’s decision-making process for the participation of state or subnational entities (such as State Government and Legislative Assembly) can attenuate centralization (these state level actors are heard by...
JUDICIAL GUARANTEES, IMPEACHMENT AND POLITICAL JUDGMENTS: INTER-AMERICAN COURT OF HUMAN RIGHTS AS DEMOCRACY PROTECTOR?
There is a close bond of interdependence between State, Constitution, Democracy and Human Rights. Based on this intrinsic relationship, international bodies, such as the Inter-American Human Rights System have built substantial standards of the democratic rule of law in the region. Within the material nucleus of democracy there are judicial guarantees -especially those contained in...
Constitutional Philosophy as a New Subject
The increase intersection between constitutional law and law philosophy trabsforma the single orientation of each subject. Technically, this approach is not a subject, neither an issue of consideration by philophers. The state of art in constitutional interpretation call for more than a soft knowledge in moral and polical philosophy. Today democratic questions are raised for...
EQUAL RIGHTS PROVISIONS IN CONSTITUTIONS WORLDWIDE: WHICH GROUPS ARE LEFT OUT, AND WHAT WORKS TO STRENGTHEN LEGAL PROTECTIONS?
Over the past 50 years, explicit protections against discrimination on the basis of certain aspects of identity, such as gender, race, and religion, have become increasingly common in constitutions worldwide. Today, 85% of constitutions explicitly prohibit gender discrimination, compared to just 50% of those adopted before 1960. Yet far fewer include language guaranteeing equal rights...
EXTERNAL ASSISTANCE TO CONSTITUTION MAKING IN THE 21ST CENTURY
The proposed panel will discuss external assistance to constitution making. The panelists all have recent experience in delivering such advice in dozens of countries around the globe. Reflecting on their own experiences, the panel will discuss questions such as: – Does external constitutional advice contribute to a growing global constitutionalism? Is this a problematic or...
MANAGING INTERFACE CONFLICTS: ENTANGLED LEGALITIES BEYOND THE STATE
As spheres of authority in the global order increasingly overlap and provoke conflicts between them, this panel explores the ways in which these interface conflicts are dealt with and produce a new order ‘at the margins‘. Interface conflicts arise when actors have conflicting views about international norms and rules associated with international authorities. Actors from...
The Promise and Perils of Foreign Judges on Constitutional Courts
Several divided societies have reserved places for foreign judges on their constitutional courts. Drawing on quantitative evidence and elite interviews from Bosnia-Herzegovina, this paper considers both the intended and unintended consequences of this practice. First, the paper considers if a coherent theory for the practice can be gleaned from either constitutional structure and/or the subjective...
CHIEF JUSTICES IN SEMI-DEMOCRACIES: COMPARATIVE PERSPECTIVES ON JUDICIAL (DIS)EMPOWERMENT
This panel will examine the role of chief justices in semi-democratic judicial systems. The global expansion of judicial power has seen a concomitant expansion of court presidents‘ powers. But to date there is no systematic efforts to compare or theorize the new powers and roles of these judicial leaders and their effects on judicial empowerment....
MASS MIGRATIONS IN THE PUBLIC EMERGENCY NARRATIVE: SOLIDARITY, HUMAN RIGHTS AND SOVEREIGNTY REVISITED?
The phenomenon of mass migrations represents an international dilemma encompassing increasingly complex questions for the EU transnational and global community. It calls for progressive solutions and specific legal frameworks on adequate forms of assistance to the benefit of States most severely affected by massive refugees‘ and migrants‘ movements, while also paying respect for human dignity...