Presenter and Discussant, ICON-S Conference ‘Courts, Power, Public Law’, University of Copenhagen, 5-7 July 2017 (II)

Just two out of many panels, which made this yet another great conference. Proud to have been part of it for the fourth year in a row, after Florence, New York City and Berlin.

Ernst-Wolfgang Böckenförde’s Constitutional Thought in Comparative Perspective

Participants: Tine Stein, Mirjam Künkler Sabino Cassese, Kai Möller, Michaela Hailbronner, Alexander Somek

‘Ernst-Wolfgang Böckenförde (born 1930) is one of Germany’s foremost legal scholars and political thinkers. As a scholar of constitutional law, Böckenförde has been a major contributor to the conceptual framework of the modern state, and to political and ethical controversies from vexed questions about potential states of emergency to the ethics of genetic engineering. As a judge on Germany’s Federal Constitutional Court (1983 – 1996) and the author of the highest number of dissenting opinions in the court’s history, Böckenförde has significantly influenced the way law and politics are conceived of in Germany. This panel revisits Böckenförde’s work as a late beacon of the German statist tradition and probes its relevance amid contemporary debates about the constitutional implications of a globalized world order, where notions of a post-state, post-sovereign, and multi-level ordering, have taken center stage. Böckenförde is unique in that he confronts the basic concepts and conceptual presuppositions of the old Staatslehre with the challenges of an interdependent world. Focusing on his notions of the state and of the constitution, participants explore the timeliness of Böckenförde’s work and ask whether and to what extent it can serve as a basis for a European public law.’

Searching for the Constitutional Identity within EU: Beyond Courts’ Interpretation

Participants: Tímea Drinóczi, Giacomo Delledonne, Pietro Faraguna, Marco Bassini, Neliana Rodean

‘In the recent time identity of the constitutional order has become a challenged topic within the European space both in respect of its subjective sense of selfness of a member state vis-á-vis others and regarding the construction of a European Constitutional identity. The panel invites scholars to discuss the ambivalent meaning of constitutional identity focusing, firstly, on how European constitutional identity relates to the specific constitutional identities of European nation-states and the implications for the division of authority between the European and national levels within the EU. Secondly, the panel offers the opportunity to discover to what extend the constitutional identity became the explicit arena of disputes between Courts, and how its definition goes beyond their interpretation.’

See also:

Presenter and Discussant, ICON-S Conference ‘Courts, Power, Public Law’, University of Copenhagen, 5-7 July 2017

Participant, 2016 ICON∙S Conference on ‘Borders, Otherness and Public Law’

Paper presentation on ‘The Modern Challenges of Democracy’, New York University School of Law

Paper-presentation ‘Imaginations From the Other Side. Assessing the Juncture between Law, History and Sociology in the Study of State-Religion Interlocutions’

Press Release: ‘Twelve ILS seed money grants for frontier research at Leiden Law School’

Presenter and Discussant, ICON-S Conference ‘Courts, Power, Public Law’, University of Copenhagen, 5-7 July 2017

Looking forward to presenting next week on ‘The European Court of Human Rights’ “constitutional morality” in the religious domain’. The paper forms part of a panel on ‘Judicialisation of Human Rights Law and Policy: A Vehicle for Effective Protection of Fundamental Rights?’

The description of this panel reads as follows:

‘The panel introduces the Leiden Research Group ‘Effective Protection of Fundamental Rights in a Pluralist World’. Though judicialisation is in itself not a new phenomenon, in the context of today’s globalizing world and the increasing interaction between legal systems, judicialisation is taking on entirely new dimensions and is giving rise to new and complex issues. This is especially true in the field of fundamental rights. At first sight, this judicialisation in the area of human rights seems to be a positive development that furthers the effective protection of human rights and fundamental freedoms at the international regional and domestic level. However, judicialisation also raises a number of issues that need to be addressed, such as the democratic basis of law-making and separation of powers. Against this background, judicialisation as a means to further fundamental rights protection is very much in need of new and innovative research concerning its meaning workings and impact. Three elements merit particular attention during the panel: a.Conceptualization of judicialisation in the area of human rights; b.Judicialisation in relation to substantive areas of human rights; c.Potential and limitations of judicialisation for the effective protection of fundamental rights.’

My second paper presentation in Copenhagen is titled ‘In Defense of the Classical Liberal Conception Regarding Religious Freedom’, and will take place during a panel on ‘The Separation of Civil and Religious Powers’.

You can read the abstract of the paper here:

‘Leading U.S. scholar of constitutional interpretation Michael Paulsen has developed an interesting theory of religious freedom called ‘The Priority of God’. Paulsen distinguishes, first of all, a liberal conception of religious freedom, according to which it is widely assumed that religious truth exists in a society and the state is tolerant towards the various faith and other traditions. The U.S. however, has developed in the direction of a modern conception of religious freedom, which no longer recognises religious truth although the state remains tolerant. Moreover, still according to Paulsen, several European countries have adopted a postmodern conception of religious freedom. This conception does not just no longer recognise religious truth, but also implies a considerably less tolerant state as secularism becomes the established ‘religion’. This view paradoxically resembles the preliberal stance of religious intolerance out of the conviction that religious truth exists. In response to such developments and in light of the meeting’s general theme with special attention to the role of courts in achieving this, the proposed paper will make a case for the classical liberal position with respect to religious freedom. In light of the current religious diversity in society, this position still appears to be most conducive to safeguarding the position of religious minorities in public life in the increasingly secular, majoritarian contexts of Western liberal democracies.’

Finally, I will serve as discussant for Mathew John’s paper on ‘Framing Religion in Constitutional Power: A View from Indian Constitutional Law’ during the latter panel. Mathew John received his Ph.D. at the London School of Economics and Political Science in 2012. Since that year he has been working as an Associate Professor at the Jindal Global Law School Sonipat. Since January 2017 Ph.D. Mathew John is Fellow at the Käte Hamburger Center for Advanced Study in the Humanities ‘Law as Culture’.

For the full program of the ICON-S Conference, see: https://icon-society.org/wp-content/uploads/2017/06/ICON-S-Conference-2017-Programme.pdf.

See also:

Upcoming Speaking Engagement: 2017 ICON∙S Conference on ‘Courts, Power, and Public Law’, Copenhagen, July 5-7;

Press Release: ‘Hans-Martien ten Napel has book published “Constitutionalism, Democracy and Religious Freedom. To Be Fully Human”’.

 

Workshop Law and Religion

Date
26 June 2017
Time
10:00 – 12:00  hrs.
Address
Kamerlingh Onnes Building
Steenschuur 25
2311 ES Leiden
Room
A014

On June 26th, a small workshop on comparative law & religion will take place with Dr. Jaclyn Neo (National University of Singapore, Law School). Jaclyn is a very well-published scholar in the field of comparative public law and human rights, particularly in the field of law and religion (see bio below). She studied at Yale Law School (LLM, JSD) and she is an Assistant Professor of Public Law at the National University of Singapore. She is an innovative thinker and a wonderful speaker. On June 26, Jaclyn will present one of her most recent papers and engage with  her audience’s questions. Hans-Martien Ten Napel will act as discussant and Sofia Fernandes Da Silva Ranchordás will chair the workshop. Both colleagues and students are welcome!

You can register for the workshop by sending an email to Sofia, preferably by June 10. Should you be interested in presenting a recent paper, pitching your PhD research or discussing a new research idea on law and religion or freedom of expression so as to receive some feedback from an expert in this field, please let Sofia know. Due to time constraints, only 2-3 additional presentations can be accepted.

Source: https://www.universiteitleiden.nl/en/events/2017/06/workshop-law-and-religion.

See also:

International Conference on “The Rule of Law with Chinese Characteristics in Transition”;

Blogpost ‘Religious Freedom, Eastern Ethical Monism, and Western “Civic Totalism”‘.

Upcoming Speaking Engagement: 2017 ICON∙S Conference on ‘Courts, Power, and Public Law’, Copenhagen, July 5-7

 

My two scheduled presentations during the conference are entitled: ‘The European Court of Human Rights’ “constitutional morality” in the religious domain’, and ‘In Defense of the Classical Liberal Conception Regarding Religious Freedom’.

About the general conference theme:

‘The overarching theme of the ICON-S 2017 Annual Meeting will be “Courts, Power, Public Law”. The expanding role of courts is arguably one of the most significant developments in late-20th and early-21st century government. Today, courts around the world play an increasingly central role in defining the relationship between different organs of the state, as between state, non-state actors and individual citizens, and between national and supranational levels of governance. Domestic courts routinely interpret and enforce constitutional provisions guaranteeing the separation of powers, federalism and civil and political rights. Many domestic courts also now play a role in safeguarding democracy, and protecting and promoting social rights. In doing so, many domestic courts are also in active ‘dialogue’ with regional and international tribunals, as well as with transnational investment agreements or legal norms; and international courts likewise rely on regional and domestic human rights and public law norms in developing international jurisprudence.

What explains this increasingly dense network of judicial control over public power, and transnational judicial interaction? To what extent do courts succeed in achieving their goals, and under what conditions? In the midst of concerns about national and international security, how should courts respond to such concerns without compromising ideals of constitutional democracy? What should be the appropriate remit of international tribunals in balancing the competing claims of a just peace and individual responsibility? What are we to make of the role of courts in the management and mismanagement of the national and international economic crisis, and how it has called into question some of the classic institutions of democracy? Answering these questions requires close attention to the social, economic and political context for judicial review. It also invites attention to questions of public power: how, and under what conditions, do courts enjoy the power, legitimacy and independence necessary to serve as a meaningful check on national and transnational actors? How does the social and political power enjoyed by political elites, citizens or social movements contribute to the creation or success of judicial review in different settings? Do we need to rethink the conventional ways of understanding how courts mediate between the international and the national? Addressing these questions is a key focus for much of the leading scholarship on comparative constitutional law, comparative politics, comparative administrative law, and international law and governance today. It is also the focus of the ICON-S 2017 Conference.’

About ICON-S:

‘The initiative to create an International Society of Public Law emerged from the Editorial Board of I·CON – the International Journal of Constitutional Law. For several years now I·CON has been, both by choice and by the cartographic reality of the field, much more than a journal of comparative constitutional Law. I·CON has expanded its interests, range of authors, readers, Editorial Board members and, above all, issues covered to include not only discrete articles in fields such as Administrative Law, Global Constitutional Law, Global Administrative Law and the like, but also increasingly includes scholarship that reflects both legal reality and academic perception, and which in dealing with the challenges of public life and governance combines elements from all of the above with a good dosage of political theory and social science.’

Source, and all additional information:

https://icon-society.org/2017-conference/.

Participant, 2016 ICON∙S Conference on ‘Borders, Otherness and Public Law’

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This weekend I am attending the annual conference of the International Society of Public Law in Berlin, Germany.

You can check out the program here: https://icon-society.org/wp-content/uploads/2016/06/160616-ICON-S-PROGRAMME-DIGITAL.pdf.

The first panel was entitled ‘The Rule of Law in Europe: Structural Weaknesses in the European Legal Order’:

‘Among europe’s many crises, the “rule of law” crisis is perhaps the most destructive of europe’s common values. some Member states that met the copenhagen criteria to enter the EU would now not be admitted to the EU under those same criteria. what can european institutions do to renew commitments on the part of the Member states to these values?

The above picture was taken during the presentation by Kim Lane Scheppele (Princeton).

See for blogposts on earlier ICON-S conferences:

https://hmtennapel.weblog.leidenuniv.nl/2015/12/21/paper-presentation-on-the-modern-challenges-of-democracy/; and

https://hmtennapel.weblog.leidenuniv.nl/2014/07/06/paper-presentation-imaginations-from-the-other-side-assessing-the-juncture-between-law-history-and-sociology-in-the-study-of-state-religion-interlocutions/.

Paper-presentation ‘Imaginations From the Other Side. Assessing the Juncture between Law, History and Sociology in the Study of State-Religion Interlocutions’

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The paper, co-authored with Leonard van ‘t Hul,  was presented during the inaugural conference of the International Society of Public Law on ‘Rethinking the Boundaries of Public Law and Public Space’, Florence, Italy, June 26-28, 2014.

See for more information: http://icon-society.org/site/conference.