CFP: Constitutional Historical past: Comparative Views

Constitutional Historical past: Comparative Views

Bologna, Italy
September 14-15, 2023

A world convention sponsored by:
College of Illinois Faculty of Regulation
College of Bologna Division of Authorized Research
Heart for Constitutional Research and Democratic Improvement (Johns Hopkins
College SAIS Europe – College of Bologna)
* * *

Paper proposals are invited for the Fifth Illinois-Bologna convention on
Constitutional Historical past: Comparative Views. The convention will probably be held in
Bologna on the Division of Authorized Research of the College of Bologna on
September 14-15, 2023.

The convention keynote speaker will probably be Professor Mirosław Granat, former Justice
of the Constitutional Courtroom of Poland.
* * *

Accompanying the unfold of constitutional authorities around the globe has been
a profound curiosity within the comparative facets of constitutional regulation. Students have
catalogued the differing options of nationwide constitutions and examined how
totally different constitutional techniques resolve widespread authorized points. So, too, judges confronted
with authorized questions have sought steerage within the choices of constitutional courts
of different nations. Whereas comparative constitutional regulation is subsequently a well-
established discipline, much less consideration has been paid to date to the comparative dimensions
of constitutional historical past. This worldwide convention collection goals to deal with that
shortcoming by energizing the research and evaluation of constitutional historical past from
comparative views. It supplies a discussion board for presentation and dialogue of
present analysis on problems with constitutional historical past that cross nationwide boundaries.
It additionally brings collectively students who, at current, are engaged on constitutional
histories of single jurisdictions—with the expectation that conversations amongst
these students will permit for sharing of methodologies and level additionally to contemporary areas
of analysis that will transcend nationwide boundaries.

For 2023, the main target of the convention is Landmark Judgments.
Landmark judgments are foundational choices that, relatively than merely resolving a
concrete case, set a key precedent, introduce a serious authorized precept or idea, or
considerably affect the trajectory of the regulation. Such judgments, sometimes issued by
Supreme Courts and Constitutional Courts, are discovered all through the world.
Examples embody Marbury v. Madison (1803) and Brown v. Board of Schooling
(1954) in the US; Reference re Secession of Quebec (1998) in Canada;
Décision Liberté d’affiliation (1971) in France; the Lüth Judgment (1958) in
Germany; and S v Makwanyane and One other (1995) in South Africa.
Landmark judgments in constitutional instances invite quite a few questions that may
profit from comparative evaluation. How do landmark judgments turn into landmark?
What’s their historical past? What determines their trajectory? What sorts of affect do
these main instances exert on the home stage? When, how and to what extent do
landmark judgments exert affect in different jurisdictions? Do landmark judgments
acquire totally different that means after they journey overseas? Who decides whether or not a case
qualifies as a landmark? Do some jurisdictions produce extra landmark judgments
than others? How straightforward is it to problem, overturn or displace a landmark determination?
Can a ruling be a landmark whether it is broadly perceived as misguided? What’s the function of
landmark judgments outdoors of the courts, within the political sphere and in society
extra usually?

We invite papers that take into account these and associated questions on landmark
judgments in constitutional instances and that may function the idea for a dialogue
amongst students interested by exploring landmarks from a comparative perspective.
Papers that target a single jurisdiction—and even a single case—are welcome as
are papers that look at landmark judgments from a number of jurisdictions.

* * *

Students interested by presenting a paper on the convention ought to first e-mail a title
and abstract of the proposed paper together with a CV to Professor Jason Mazzone at
mazzonej[@]illinois.edu. There isn’t a phrase restrict for the proposals however proposals in
the vary of 500-1,000 phrases are typical. Proposals obtained by April 1, 2023, will
obtain precedence. After that date, submitted proposals will probably be thought-about if area
stays.

For these whose abstracts are accepted, draft papers will probably be required for circulation
to different contributors three weeks previous to the convention.
Topic to the same old necessities of peer overview, papers from the convention will
be revealed as a single quantity by Brill. Authors who settle for an invite to current
a paper on the convention should conform to have the paper included within the revealed quantity.

Extra details about size and formatting necessities for the
remaining variations of the papers will probably be offered to authors.
Convention contributors are answerable for their very own journey and lodging
bills.

* * *

Organizing Committee:

Jason Mazzone Albert E. Jenner, Jr. Professor of Regulation and Director, Program in
Constitutional Principle, Historical past and Regulation, College of Illinois Urbana-Champaign
Justin O. Frosini, Affiliate Professor of Comparative Public Regulation, Bocconi
College; Director, Heart for Constitutional Research and Democratic Improvement
Francesco Biagi, Affiliate Professor of Comparative Public Regulation, College of
Bologna Division of Authorized Research; Analysis Fellow, Heart for Constitutional
Research and Democratic Improvement