This paper will discuss a political sociology of constitutions and constitutional politics. To this end, first, it will engage with the crucial question of the normative and sociological legitimacy of constitutional orders. Second, it will discuss the status of the political in sociological constitutionalism, and it will make a case for the recuperation of a...
Tag: <span>WEDNESDAY JUNE 27 2018 9:00 AM – 10:30 AM</span>
The Paradoxes of European Solidarity. Burden and Responsibility Sharing for Refugees Protection in the factory of the Global Welfare State
Solidarity has long been a fundamental value laying at the core of EU integration laws and policies as well as a guiding principle operating both horizontally and vertically in various regimes of international law. In the regional context of supranational cooperation, the Treaty of Lisbon has deepened international solidarity‘s commitment emphasizing its role in binding...
The Ordering Power of Digital Infrastructures and Their Legal Regulation
Physical and informational infrastructures are increasingly enmeshed with digital infrastructures, associated flows of data and analytics, and new forms of digital power, competition, and control. Enhanced digitalization and connectivity of infrastructures can change the ways infrastructures regulate and how law might regulate infrastructures. Digital infrastructures themselves have major regulatory effects that have long been conceptualized...
The material constitution in the longue durée: reflections on the Chilean constitutional dilemma
What conditions must be met for giving normative weight to historical assertions about the material constitution? This paper looks at this question using as its starting point the case of Chile, where President Michelle Bachelet sought in her second administration (2014-2018) to frame the persistent constitutional debate about how to amend or replace the text...
The judicial decision making protocol: the case of the French Conseil constitutionnel
This contribution explores the professional and social relationships that takes place within the Supremes Courts. It proposes to take the French Conseil constitutionnel as an example. Classical literature on legal reasoning, especially in France, tries to explain decisions by referring to rational choice theory (economic analysis of law for instance). In contrast, I focus on...
The Rule of Law, State Protection, and Authoritarianism
The liberal orientation of rule of law discourse has treated the state as the primary antagonist against rule of law values. However, in much of the world, the provision of law and regulation of private force is plausibly identified as also being a core rule of law value. The protective function of state law, and...
The Rule of Law and Algorithms
The purpose of the paper is to investigate the doctrine of the Rule of Law in the algorithmic environment, exploring how the expertise of constitutional law might address the legal issues raised by these technologies. As a premise, this study considers the normative power of algorithms, in order to stand out the regulatory logic underlying...
The rise of global governance and liquid authority: new challenges for Public Law from a Brazilian historical perspective
The paper proceeds to a literature review on the historical formation of a global governance, the rise of liquid authority and the construction of new fields of public law that have emerged transnationally (notably, the Global Administrative Law and Global Constitutionalism). By contextualizing these theoretical contributions into a brazilian historical perspective, the paper presents the...
The risk of neo-formalism in empirical constitutional studies
This paper argues that there is a risk of neo-formalism in certain types of empirical research on constitutionalism and judicial review. The risk is driven by the dependence of empirical legal research on quantifiable variables, such as the text of constitutions. The paper outlines the risk through discussion of several examples of neo-formalist empirical research,...
The rhetoric of crisis in Constitutional Law
The Constitutional Law has among its duties to deal with political and juridical crisis. That’s the reason why it provides some mechanisms such as impeachment, martial law, etc. The logic is that in periods where the law is challenged, some exceptional tools are required. However, the rhetoric of crisis is increasingly, and brings the defense...