a network of constitutionalists from countries throughout the world
This week, the blog is featuring 8 additional workshops suggested by delegates for the 10th IACL World Congress 2018 on “VIOLENT CONFLICTS, PEACE-BUILDING AND CONSTITUTIONAL LAW”, being held in Seoul, Republic of Korea on 18-22 June 2018. Full details are on the congress website, in English and French, along with information on how to submit a paper. Papers may be in either French or English. Please circulate to colleagues interested in the subject. Note that “early bird” discounts on the conference registration fee are available until 30 November 2017 (click here for details).
WORKSHOP #26 Constitutional Reasoning
Professor András Jakab firstname.lastname@example.org
Professor Adrienne Stone email@example.com
Canons or methods of constitutional reasoning are highly debated in a number of jurisdictions, some of them are codified in constitutions, some of them are simply practiced by judges, yet others are only suggested by legal scholars. These canons are rules themselves which have to be justified, leading also to issues of separation of powers, and bringing up eventually general questions of legitimacy. Major theoretical debates on democracy, the rule of law or constitutionalism all have specific consequences for the preferred methods of constitutional reasoning. With the dramatic expansion of constitutionalism and constitutional review across the world, constitutional reasoning takes on ever more diverse forms and raising correspondingly complex questions about the nature of constitutions and the role of courts.
Some questions relate to the nature and legitimacy of constitutional review. How do judges justify, or hide, the ‘counter-majoritarian’ effect of their decisions? How should judges understand their role as constitutional interpreters? What role (if any) do non-judicial institutions have in determining the meaning of and justification for constitutional principles?
Narrowing the focus a little, questions abound about specific practices of constitutional reasoning. What role is therefore morality, politics and historical forms of analysis? How does constitutional reasoning intersect with other forms of domestic, transnational and international law? There are also pervasive doctrinal questions (like the role of proportionality) and questions that arise in relation to specific constitutional questions. Other questions are explicitly comparative in nature and investigate differences and similarities in constitutional reasoning across different legal systems and traditions.
A final set of themes arise from the special pressures on constitutional reasoning during times of conflict and transition (the theme of this World Congress). How much can and should constitutional reasoning take into account during difficult and transitional times?
This workshop is devoted to the phenomenon of constitutional reasoning broadly conceived. Papers are welcome on all aspects of reasoning (including but not limited to the themes just discussed) and maybe descriptive/analytical or normative. Papers that are comparative are especially strongly encouraged.