
A special workshop of the IVR Congress, Lund, august 2003
Chairpersons: Joakim Nergelius (Sweden), Pasquale Policastro (Italy) and Kenji Urata (Japan)
Scholars with interest in this topic are invited to submit
proposals for individual paper presentations
to Pasquale Policastro, Email: ppolic@kul.lublin.pl.
Plan of the workshop (Matters to be treated – working approach n. 1)
1) Principles and values and the changes in the interpretation of the Constitution within the transformation of the functions of the state (both national and supra-national) and the globalisation of the economic sphere
2) Democracy, Communication and sources of law within the developments of multi-level theories of law and constitution;
3) Democratic principle and the transformation of judicial review of statutes within a multi-level approach to constitution;
4) The transformation of the interpretation of the Constitution within the development of globalised societies: which multi-cultural approach to constitutionalism?
Working
Paper No. 1 — Introductory Remarks
This working paper describes the issues to be dealt with at the workshop.
It also
gives a preliminary plan of the workshop.
Papers already submitted:
| C. Amirante | Principles, and values, rights and interests in the interpretation of the Constitution in a globalised
society
The aim of the paper is to underline that the transformation of the economic, social and political relationships due to the process of globalisation, may lead to material transformation of the state constitutions. To cope with the interests and the needs of the society within the process of globalisation the interpretation of the Constitution should in any case follow the guidelines given from the constitutional normative principles, approved in a democratic way. Any perception of values as elements that may lead to a discretional change of the normative relationships between Constitutional principles and rules, may result not only in a loss of normative strand of the Constitution, but may indeed be the expression of doubtful processes from the democratic point of view. |
| A. Cervati | Recognition rules and the crisis of the
dogmatic
The growing relations and interdependence between legal systems within democratic process of growing co-operation between states and societies, is leading to the rustic increase of recognition rules. The presence of these rules in legal systems don't make any more possible the dogmatic reconstruction of the sources of law in terms of a mere principle of hierarchy. The paper against to present and to discuss our number of criteria helping to make a theory of the sources of law within the context of the network of recognition rules, to discuss the questions of constitutionality is that may rise from the connection between legal system on the basis of recognition rules, as well as to present substantial criterion in order to prevent the creation of constitutional stresses between legal systems. |
| P. Policastro | Diachronic coherence, paradigms of constitutionalism, and democratic
transitions
The analysis of the achievements of constitutionalism leads to the formulation of three evolutionary paradigms, namely: a) the formulation of a model of fundamental rights, of institutions and policies needed for the effective enforcement and attainment of them; b) a well settled relationship between participation and representation; c) and relationship between norms and hermeneutic that may not deprive the former of a defined legal strengths. This criterion result from an evolutionary analysis of the development of constitutionalism, which in the European experience shows, through of the development of these paradigms, the development of a process of democratic rationalisation. Therefore we attribute that, whenever the development of a process of constitutional changes leads to a detachment from an increasing level of enforcement of the mentioned paradigms, which themselves have an evolutionary character, but nevertheless are characterised by the growing significance and articulation within the processes of the evolution of the constitutional state, the constitutional change into analysis may be not completely democratic. The mentioned criterion helps to give a complex vision of the constitutional transition of European states within the process of democratic transition and European integration. In fact, of these processes ought to be consistent with the developments of the constitutionalism as such, if we want to remain within the third diachronic framework of European constitutionalism. |
This page was last updated: 2003-06-05