The 1st workshop offered a general approach to international constitutional law while the 2nd workshop dealt with the more specific topic of transitional constitutionalism. The 3rd workshop reflected perspectives and limits of democracy. The 4th workshop dealt with the constitutional dimension of security in times of counter-terrorism and transnational police cooperation. The 5th workshop focused on corporate social responsibility (CSR) and its reflections on constitutional law. The workhsop this year is dealling with a critical approach towards the rule of law.
The workshop will focus on the Rule of Law, one of the very basic principles enshrined in all modern and democratic constitutions. The scope and components of the Rule of Law shall be analysed at the national, European and International level. The historical roots of the Rule of Law vary considerably and depend very often on the specific context of the evolution of a certain nation state or regional organisation such as the European Union. However, certain ideas, features and functions are inherent to the Rule of law on a global scale.
One of the main elements of the Rule of Law is the existence of independent courts. These function as a guardian of individual rights vis-à-vis the state institutions. The Rule of Law also contains specific legal guarantees with regard to the foreseeability of individual decisions and legal protection against those decisions; in addition, the Rule of Law stipulates the legislative process to which national Parliaments have to abide by.
This year’s workshop will– from a comparative view – immerse the participants into certain characteristics of the Rule of Law in the United Kingdom, in Germany, France, India and China. Furthermore, the distinctive features of the principle of the Rule of Law in the context of supranational legal orders as well as at the global level (looking for the contours of a possible International Rule of Law) shall be explored.
From the perspective of International Constitutional Law (ICL), a comparative legal discipline especially concerned with constitutional relations at different levels of legal networks.
The workshop is based on the methodological premises of International Constitutional Law (Constitutional Law as multi-level network), of the migration of constitutional ideas in the communicative network of International Constitutional Law and the consideration of cultural implications in International Constitutional Law.
Speakers, which have an academic background or work as practitioners in relevant fields, will one more time give short introductory statements (see Program); thereafter, participants and speakers shall elaborate legal and political problems of the rule of law in an open discussion.