New institutions and changing boundaries between national and international law and between public and private law.
Many of the vital institutions, boundaries and concepts in public law are changing while many institutions also remain. The changes include changes in the distribution of tasks among institutions, in the forms of law, in the substance of law and in the presumed legitimacy of law. We could point to many, but at least three vital tendencies: First, instead of a clear distinction there are comprehensive interactions and overlapping between national, inter-, supra- and transnational legal regimes and their institutions. Secondly, the relations between public and private law institutions and regimes are changing and also becoming closely interconnected and interacting. Third, law and legal regulations are expanding to most areas of society and in forms and with semantics which are closely interconnected with other social functions such as science, culture and markets.
The changes in how political and legal communication is done, what political and legal institutions and actors are involved, and what the effects of legal and political decision-making are, seem to be comprehensive and also with possibly vital effects for legitimacy. There is a vast international literature on these questions. One of the foremost contributors, Gunther Teubner, Frankfurt, will give a key note lecture on his new book on “Constitutional Fragments: Societal constitutionalism and globalization” (2012). Teubner has written extensively on legal theory, with reflexive and hybrid law, the new interconnections between private and public law and on globalization and transnational law. Another vital contributor, Chris Thornhill, Glasgow, will give the other key-note lecture based on his book on “A Sociology of Constitutions. Constitutions and State Legitimacy in Historical-Sociological Perspective” (2011). Thornhill is professor of European Political Thought at University of Glasgow and has written extensively on constitutionalism and the function of rights.
Participants are invited to present papers (also for recognition of B-seminar for phd researchers).
Literature for the phd-participants :
Gunther Teubner, “Constitutional Fragments: Societal Constitutionalism under –globalization”, Oxford University Press, 2012, excerpt, chapter 1 and 4, p.1-14, 73-123, 65p.
Chris Thornhill, “A Sociology of Constitutions. Constitutions and State Legitimacy in Historical-Sociological Perspective”, Cambridge University Press, 2011, (excerpt, chapter on methodology) 30p., and “Contemporary Constitutionalism and the Dialectic of Constituent Power”, manuscript, to be published in Global Constitutionalism, Cambridge University Press, 32 p., in total 62p.,
Inger-Johanne Sand, “Constitutionalism and the Multi-coded Treaties of the EU. Changing the Concepts of constitutionality” in “The Many Constitutions of Europe”, eds.Tuori and Sankari, 2010, p.49-69, 20 p
Panu Minkkinen, “Political Constitutionalism vs. Political Constitutional Theory: Law, Power and Politics”, Legal Research Paper Series, Helsinki University, 40p.
Mikael Rask Madsen, “The Protracted Institutionalization of the Strasbourg Court:
From Legal Diplomacy to Integrationist Jurisprudence”, in Mikael Rask Madsen and Jonas Christoffersen, eds, The European Court of Human Rights between Law and Politics, Oxford: Oxford University Press, 2011, (pp. 43-60), © Mikael Rask Madsen. Oxford Univ Press.
In total 205p
Other proposed readings:
J.H.H.Weiler, “On the Power of the Word: Europe´s constitutional iconography”, in International Constitutionalism, vol.3, no.2-3, p.173-190, 18p.,
Stuart Elden, "Land, Terrain, Territory", in Progress in Human Geography, 2010, 14p
Alison Kesby, "The Shifting and Multiple Border and International Law", Oxford Journal of Legal Studies, vol.27, no.1, 2006, 19p, .