This panel considers theoretical justifications for the institution of judicial review as democratic contestation, as well as the forms of judicial review that those justifications might suggest. The papers are connected by their apparent reliance on non-epistemic justifications; that is, justifications that recognize that judges have neither abnormal moral insight nor abnormal capacity to reason...
Tag: <span>WEDNESDAY JUNE 27 2018 9:00 AM – 10:30 AM</span>
SECURITY CHALLENGES AND HUNGARY – A EUROPEAN CONTEXT
The panel addresses the question whether the increased presence of various threats to national security and the legal responses has challenged the commonly accepted notions of the rule of law, democracy and human right standards in Europe, and most particularly in Hungary. Recently, problems have called for and resulted in the establishment of different crisis...
CURRENT STATUS AND FUTURE OF EMU AND EBU IN A CONSTITUTIONAL DIMENSION
Both the European Economic and Monetary Union and the European Banking Union are currently in a phase of consolidation. Several European and international legal norms were recently adopted to strengthen the EMU‘s resilience and preserve the common currency. However, these measures are deemed largely insufficient and there is a wide consensus that further reforms are...
THE RULE OF LAW AND NON-DEMOCRATIC REGIMES
To what extent and in what form can the rule of law exist in non‐democratic jurisdictions? This panel explores issues related to these perennial questions from fresh angles. The first two papers expound the nature of the rule of law. Jeff King argues that state regulation is an important element of the rule of law,...
INFRASTRUCTURES AS REGULATION (INFRAREG): TRANSNATIONAL LEGAL TECHNOLOGIES AND THE ORDERING POWER OF PHYSICAL, INFORMATIONAL, AND DIGITAL INFRASTRUCTURES
Infrastructures—whether physical, informational, digital—can have regulatory‐type effects. These include requiring, preventing, channeling, enabling, and nudging particular human and social behavior. Infrastructures also interact or compete with law. In these ways, infrastructures have major effects on social relations, identities, roles, capabilities, and possibilities. In today‘s world, infrastructures‐as‐regulation, and the enabling and controlling legal technologies and practices,...
INQUIRING OF JUDICIAL DECISION MAKING
This panel brings together various scholars of law and politics from Europe and United-States whose research in various fields (constitutional law, discrimination law and theory of law). They look at the contemporary outcomes of mechanisms of judicial decision making. As opposed to classical literature on legal reasoning, which is much concerned with legal interpretation, this...