ICON • S Conference 2018 Preliminary Programme

We are pleased to announce the preliminary programme for our upcoming ICON•S Conference!

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Opening SessionMonday June 25 2018 1.00 PM - 3.00 PMUniversity of Hong Kong, Faculty of Law
OPENING REMARKS AND KEYNOTE SPEECHChair: Professor Gráinne de Búrca and Professor Ran Hirschl
Professor Michael Hor
Dean of Faculty of Law, The University of Hong Kong

Opening Remarks
Professor Gráinne de Búrca, New York University
Professor Ran Hirschl, University of Toronto
Co-Presidents, ICON-S

Opening Address
The Honourable Chief Justice Geoffrey Ma
Chief Justice of the Hong Kong Court of Final Appeal

Keynote Speech
The Right Honourable the Lord Neuberger of Abbotsbury
Former President of the Supreme Court of the United Kingdom (Non-Permanent Justice of the Hong Kong Court of Final Appeal)

Plenary Panel IMonday June 25 2018 3.00 PM - 4.30 PMUniversity of Hong Kong, Faculty of Law
DIVERSITY, IDENTITY AND HUMAN RIGHTSChair: Professor Johannes Chan, The University of Hong Kong
Judge Navi Pillay
Commissioner for the International Commission Against the Death Penalty
Former United Nations High Commissioner for Human Rights
Former Judge at the International Criminal Tribunal for Rwanda and International Criminal Court

Professor Yash Ghai
Director of Katiba Institute, Kenya
Emeritus Professor of Law, The University of Hong Kong

Professor Eva Brems
University of Ghent

Parallel Panels Session IMonday June 25 2018 5.00 PM - 6.30 PM
Panel #1In Technical Terms: Public Law and the Technologies of GovernanceChair: Jennifer RasoNo room assigned yet
Paper Title
Scarlet Wilcock
‘Robo-Debt’: Guilt, Responsibility and the Dehumanisation of Welfare Compliance
Jennifer Raso
Past, Future, and Present: The New Temporality of Decision-Making Software
Nofar Sheffi
The Constitution of Airbnb
Panel #2Law of the Digital AgeChair: Judit GlavanitsNo room assigned yet
Paper Title
Klára Nagy
Digitalisation in Hungarian elections
Jácint Ferencz
Labour law for the robots?
Gergely G. Karácsony
Privacy issues of artificial intelligence
Judit Glavanits
Public procurement in a "21st century"-way: how new technologies may change public spending?
Panel #3Deliberative ConstitutionalismChair: Ron LevyNo room assigned yet
Paper Title
Gabrielle Appleby
Constitutional Deliberation in the Legislative Process
Haig Patapan
Deliberative Federalism
Theunis Roux
In Defence of Empirical Entanglement: The Methodological Flaw in Waldron’s Case against Judicial Review
Jeff King

Hoi Kong
Silvia Suteu
Squaring the Circle? Bringing Deliberation and Participation Together in Processes of Constitution-Making
Jonathan Crowe
The Role of Snap Judgments in Constitutional Deliberation: A Dialectical Equilibrium Model
Panel #4Constitutionalism in Context IChair: David LawNo room assigned yet
Paper Title
David Landau
Constitutional Backsliding: Colombia
Mark Tushnet
Institutions Supporting Constitutional Democracy: South Africa
David Law

Wen-Chen Chang
Judicial Review of Constitutional Amendments: Taiwan
Cora Chan
Subnational constitutionalism: The case of Hong Kong
Panel #5GPS investigations in JapanChair: Yuichiro TsujiNo room assigned yet
Paper Title
Shimizu Jun
A Japanese Version of U.S. v. Jones? : The Supreme Courts Decisions on GPS Installation on a Vehicle in the U.S. and Japan
Chihoko Morita
GPS investigation and right of the target. It intrudes the “privacy”?
Yuichiro Tsuji
Privacy and GPS investigation in Japan
Toru Yamada
Visualizing Privacy? Converting GPS information via Computer Mapping
Panel #6Constitutional identity and constitutional change in the Global North and Global SouthChair: Timea DrinocziNo room assigned yet
Paper Title
Timea Drinoczi
Constitutional identity and “procedural sameness”
Maciej Serowaniec

Zbigniew Witkowski
Constitutional identity in the European Union
Daniela Salazar
Ecuador: the case of a forged constitutional identity
Jula Hughes
The constitutional conceptualization of non-status and off-reserve indigenous populations in Canada
Wojciech Wloch

Anna Tarnowska

Agnieszka Bien-Kacala
The nation, delegation and constitutional change in Poland
Tomasz Milej
Transformative nature of Kenya’s constitution
Panel #7Legal Pluralism and International Human RightsChair: Alex GreenNo room assigned yet
Paper Title
Elies van Sliedregt
Counter-terrorism, IHL and the right to rebel
Jen Hendry
Legal Pluralism: Challenging ‘Default Settings’ in IHR
René Provost
Pluralising the Rule of Law
Ilias Trispiotis
Subsidiarity and Interpretive Pluralism in International Human Rights Law
Panel #8Refugee protection at the borders of international refugee law: legal responses, exceptions, and possibilitiesChair: Martin JonesNo room assigned yet
Paper Title
Kelley Loper
International human rights law and the protection of refugee women in Asia
Martin Jones
The frontier of the international refugee regime: Refugee protection, legal orientalism, and what better alternative in the Middle East and Asia?
Anna Lamut
Understanding Hong Kong’s Low Grant Rate for Non-Refoulment Protection under the Unified Screening Mechanism (USM)
Panel #9Institutional Failure in Comparative Constitutional LawChair: Aileen KavanaghNo room assigned yet
Paper Title
Scott Stephenson
Against Interpretation as an Alternative to Invalidation
Michaela Hailbronner
Regional Human Rights Courts and Institutional Failure
David Kosař

Jiří Baroš

Pavel Dufek
Separation of Powers under Siege: What Went Wrong in Central Europe?
Rosalind Dixon
The core case for weak form judicial review
Panel #10Democracy and Rule of Law in Asia (I)Chair: Brian Christopher JonesNo room assigned yet
Paper Title
Jimmy Chia-Shin Hsu
Bringing the Sunflower Movement into Perspective: Building the Rule of Law on a Flawed Political Foundation
Benny Tai
Challenges to the rule of law in a semi-authoritarian Hong Kong
Jaclyn Neo

Jack Lee
Changing Ideas of Representation: Representative Democracy, and the Rule of Law in Singapore
Han Zhu
Democratic Legitimacy vs. Rule of Law: A Comparative Study of Oath-taking Controversies in Hong Kong and Taiwan
Xiaobo Zhai
The Rule of Law in China and its Problems
Panel #11Identity Challenges: Sex, Gender and Sexuality Rights in Local, International and Supranational LawChair: Kathryn McNeillyNo room assigned yet
Paper Title
Aeyal Gross
Homoglobalism: Global Gay Governance
Marco Wan
Rethinking Gay Visibility
Kathryn McNeilly
Sex/Gender Rights and Untimely Evolution in International Human Rights Law
Natasa Mavronicola
The ECtHR’s LGBT* rights case law: policing, shifting, and subverting (?) ‘borders’
Panel #12Democratic Backsliding and Constitutional Capture - A Global PerspectiveChair: Moshe Cohen EliyaNo room assigned yet
Paper Title
Wojciech Sadurski
Constitutional Capture and “Illiberal Democracy”: The Case of Poland
Gila Stopler
Democratic Backsliding in Israel
Tarun Khaitan
India’s Third Constitutional Retrogression
Tom Ginsburg
Near Misses: Avoiding Constitutional Retrogression
Panel #13Penal Populism, Security and Identity in a Changing World OrderChair: Lena ZhongNo room assigned yet
Paper Title
John Pratt
From protecting individual rights to protecting the public: the changing parameters of populist driven criminal law and penal policy
Russell Hogg
Rethinking populism and its threats and possibilities
Wayne Morrison
The Bangladesh International Crimes Tribunal, Shahbag protests and political violence: a rather peculiar penal popularism, political vendetta or defence of national identity and democracy?
Michelle Miao
The popular politics of punitiveness: security, identity, and changing societies
Panel #14Constitutionalizing Transituional Justice: How Constitutions and Courts Deal with the Past AtrocityChair: Marek ZubikNo room assigned yet
Paper Title
Alexei Trochev
Between Blaming and Naming: Constitutions and Transitional Justice in Post-Soviet States
Kriszta Kovács
Facing the Shadows of the Past During Transitions: The Role of the Constitution in the Case of Hungary
Gábor Attila Tóth
The Role of Chief Justices of East-Central European Constitutional Courts in Democratic Transition: A Pyrrhic Victory?
Cheng-Yi Huang
Why Constitution Matters with Transitional Justice: Comparison of Taiwan and South Korea
Panel #15Constitutional Identity as a Limit for Constitutional Reform and Supranational IntegrationChair: Rainer ARNOLDNo room assigned yet
Paper Title
Miroslaw Granat
Constitutional Identity as a Tool to Analyse Constitutional Change
Luca Mezzetti
Constitutional identity in the jurisprudence of the Court of Justice and of Constitutional Courts
Toma Birmontiene
Constitutional Identity: Constitutional Amendments or Judicial Interpretation
Selin Esen
The Concept of Citizenship as Means of Constitutional identity: Turkish case
Panel #16New Developments in Chinese Constitutional LawChair: Chun PengNo room assigned yet
Paper Title
Yunxin Tu
Civil Liberty and the Use of Surveillance Materials in Counter-Terrorism Law Enforcement — A Constitutional Reappraisal
Chun Peng
Revamping the Rule of Party's Rule
Yan Lin
Reverse Law-making: Constitutional Review with Chinese Characteristics
Tian Yan
Social Movement and Constitutional Change: The Case of America and China
Panel #17“The Others” of Europe: depriving migrants and minorities of human rights protectionChair: Uladzislau BelavusauNo room assigned yet
Paper Title
Aleksandra Gliszczynska-Grabias
Governmental xenophobia targeting the internal “Others” in Europe
Witold Klaus
Security-based migration laws in Europe. Crimmigration against “the Others”
Magdalena Kmak
Undocumented migrants as (non)Others of Europe
Panel #18The Movement of People in a Borderless Society and their Identity: Democratic Rights, Tax, and Social SecurityChair: Takuya HattaNo room assigned yet
Paper Title
Yuki Sekine
Is Immigration a Chance to Rethink Social Citizenship?
Nami Thea Ohnishi
Refugee Acceptance and the Social State
Keisuke Kondo
Rethinking Democracy in the Context of Globalization
Keigo Fuchi
The Changing Case for Personal Tax Liability in Japan
Yukio Okitsu
The Enfranchisement of Foreign Residents: Nationality versus Affectedness
Panel #19Protection of constitutional identityChair: Seokmin LEENo room assigned yet
Paper Title
Fabian Duessel
Constitutional identities and the institutionalization of transnational judicial networks
Woo-Young Rhee
Constitutionalization of Transitional Justice and the Constitutional Identity in Korea
Birgit Daiber

Seokmin Lee
Democratic basic order as the object of protection of party dissolution procedures in Germany and Korea
Jong-Ik Chon
Impeachment Procedure in the Korean Constitutional Litigation
Panel #20Administrative DemocracyChair: Joana MendesNo room assigned yet
Paper Title
Peter Lindseth
Paul Craig
See Panel Description
Marco D'Alberti
See Panel Description
Peter Cane
See Panel Description
Bernardo Giorgio Mattarella
See Panel Description
Giulia Passino
See Panel Description
Panel #21Constitutional and Regulatory Issues on Sharing EconomyChair: Stephen GardbaumNo room assigned yet
Paper Title
Jamila Jefferson-Jones
Regulatory Takings and Planning Compensation Rights in the Sharing Economy
Sofia Ranchordas
Reputation as Regulation in the Platform Economy
Keigo Obayashi
The Dynamic Constitutional Order Focusing on the Issues of Sharing Economy
Panel #22Questioning Boundaries: The Role of the Judiciary in Contemporary DemocraciesChair: Deirdre CurtinNo room assigned yet
Paper Title
Anna Wallerman
Negotiating sovereignty in the preliminary reference procedure
Marta Morvillo
Reviewing the experts: a principled approach to the scrutiny of expert-based decision making in the CJEU
Ioanna Hadjiyianni
The role of the Court of Justice of the European Union in reviewing extraterritoriality
Panel #23Regional Human Rights Courts: Protectors of Human Rights, or of National and Regional Identities - or Both?Chair: Andreas FollesdalNo room assigned yet
Paper Title
Geir Ulfstein
Deference to domestic decisions by international courts : towards a new separation of powers?
Hsien-Li Tan
Do ‘Asian Values’ on human rights exist?
Jiewuh Song
Regional Human Rights Mechanisms as Enforcement Gap-Filling Institutions
Frans Viljoen
The first ten years of the African court on Human and People’s Rights: Deference deferred, or activist activation?
Juan-Pablo Perez-Leon-Acevedo
The Inter-American Court of Human Rights and its Control over National Practices Concerning Serious Human Rights Violations: Developments, Challenges, and Prospects
Andreas Follesdal
The significance of ‘consensus’
Panel #24Democracy and ReproductionChair: Julie C. Suk No room assigned yet
Paper Title
Francisca Pou Giménez
Abortion and Federalism in Mexico: Assessing a Decade of Constitutional Litigation
Antonia Baraggia
Abortion regulation in the USA and in Europe: reversed trends?
Erin Nelson
Health Inequities and Canada's Indigenous Women: Access to Sexual and Reproductive Health Care
David Kenny
Repeal or Replace? Debating Ireland’s Eighth Amendment and the Shadow of Judicial Intervention
Lolita Buckner Inniss
Sex, Drugs, Rock and Roe: Reverend Ammi Rogers and the Pre-history of Roe v. Wade
Panel #25Democracy in an age of hyper-legislationChair: Melissa CastanNo room assigned yet
Paper Title
Patrick Emerton
Australian anti-terrorism law as hyper-legislation
Caroline Henckels

Janina Boughey
Hyper-legislation and deference to the executive
Dan Meagher
Judicial interpretation in the age of hyper-legislation
Lisa Burton Crawford
The age of hyper-legislation?
Panel #26China’s National Security: Endangering Hong Kong’s Rule of Law?Chair: Simon YoungNo room assigned yet
Paper Title
Swati Jhaveri
Administrative Law as a Modest Guardian of the Rule of Law
Surabhi Chopra
Puja Kapai
Equality, Diversity and Pluralism: Examining Spaces for the Preservation of Minority Rights and Multiple Identities in the Struggle for National Identity and Security
Carole Petersen
Implementing Article 23 of the Hong Kong Basic Law: International Law and Institutions as Sources of Resilience
Simon Young
Old Law in New Bottles: Reintroducing National Security Legislation in Hong Kong
Panel #27The Aesthetics of Democracy: A View from Political TheoryChair: Panu MinkkinenNo room assigned yet
Paper Title
Scott Veitch
“Your only right is to obey”: Securing Identity in the PRC
Katariina Kaura-aho
Refugees, Politics and Identity: The Aesthetics of Political Resistance
Panu Minkkinen
The Aesthetics of Constitutional Space
Jack Meakin
The Political and Legal Challenge of Worker-Recuperated Enterprises: An Alternative Experience of the Political in Constitutionalism
Panel #28Legal Contestations over Intersectional Identities and Substantive EqualityChair: Shazia ChoudhryNo room assigned yet
Paper Title
Raphaële Xenidis
The Gender of Islamophobia: Intersectional Discrimination and the 'Islamic Headscarves' Jurisprudence
Lilla Farkas
The Multiple Layers of Romaphobia: Intersectional vs. Constructivist Readings of Discrimination
Iyiola Solanke
The Paradox of Intersectionality in Europe
Shreya Atrey
Women’s Human Rights: From Progress to Transformation (An Intersectional Response to Nussbaum)
Panel #29Normativism and Anti-Normativism in Public LawChair: Alexander SomekNo room assigned yet
Paper Title
Michael Potacs
Can we escape Normativism in Public Law?
Bilyana Petkova

Jed Odermatt
EU Unilateralism and the Development of International Law
Mattias Kumm
Normativist Resistance
Christoph Bezemek
The Constitution as an Obstacle
Marco Goldoni
The Limits of Normative Constitutionalism
Panel #30The Evolving Judicial Function IChair: Brigid McManusNo room assigned yet
Paper Title
Brigid McManus
A Boat On The Horizon: Legislative Urgency and Weak-form Review
Scott Stephenson
Constitutional vs Statutory Bills of Rights with Weak-Form Judicial Review
Gar Yein Ng
From Government to governance; from judiciary to…?
Yoav Dotan
Impeachment by Judicial Review: Israel’s Odd System of Checks and Balances
Parallel Panels Session IITuesday June 26 2018 9.00 AM - 10.30 AM
Panel #31"Reader Meets Author" of "Discrimination as Stigma" by Iyiola Solanke. Part 1/2: The United States ResponseChair: Tanya HernandezNo room assigned yet
Paper Title
Iyiola Solanke
Author Responds to Reader Feedback
Suzanne Goldberg
Response to Book “Discrimination as Stigma” by Iyiola Solanke
Terry Smith
Response to Book “Discrimination as Stigma” by Iyiola Solanke
Gregory Parks
Response to Book “Discrimination as Stigma” by Iyiola Solanke
Audrey McFarlane
Response to Book “Discrimination as Stigma” by Iyiola Solanke
Robin Lenhardt
Response to Book “Discrimination as Stigma” by Iyiola Solanke
Panel #32Populist Challenges to Liberal Constitutionalism I.Chair: Gabor HalmaiNo room assigned yet
Paper Title
Gabor Halmai
Is there such a thing as ‘populist constitutionalism’?
Paul Blokker
Populism and legal fundamentalism
Tom Ginsburg
Populism and losing constitutional democracy
Mark Tushnet
Populism and social welfare constitutionalism
Kim Scheppele
The party’s over
Panel #33Constitutionalism in Context IIChair: David Law2nd Chair: Amnon ReichmanNo room assigned yet
Paper Title
Mara Malagodi
Constitutional History and Constitutional Migration: Nepal
Yaniv Roznai
Constitutional Transformation: Hungary
Maartje de Visser
Nonjudicial Constitutional Interpretation: The Netherlands
Albert Chen
What is a constitution? What is constitutionalism? The case of China
Panel #34The Authoritarian Pushback and the Resilience of International Institutions - Part 1Chair: Matthias GoldmannNo room assigned yet
Paper Title
Pedro Villarreal
“We didn’t start the fire”: The Exercise of Authority in NAFTA Dispute Settlement and the Nationalist Backlash
Jorge Contesse
Judicial backlash in inter-American human rights law
Kristin Henrard
Nationalism with a ‘human’ face (under the veil of integration): Is the ECtHR allowing and thus fueling nationalist politics?
Silvia Steininger
The Nationalist Challenge to Human Rights Courts: On Resilience and Conflict Management of the ECtHR
Felix Lange
The Sovereigntist Challenge – Backlash to International Institutions and Public Law Theories
Panel #35Public Law in the Digital Era I: Regulatory Perspectives from the EU, Japan, and ChinaChair: Thomas StreinzNo room assigned yet
Paper Title
Machiko Kanetake
EU-Japan Perspectives on Law in the Digital Era
Xingfang Li
Regulation without Law? Perspectives from China on International Regulations Governing Infringement Disputes
Han Liu
The Chinese Conception of Cyber Sovereignty and its Practical Effect
Vigjilenca Abazi
The EU as Global Digital Rule-Maker
Panel #36CULTURAL HERITAGE UNDER THREAT AND PROBLEMS OF SECURITY IN WAR AND PEACEChair: Sabino Cassese2nd Chair: Lorenzo CasiniNo room assigned yet
Paper Title
Fabrizio Parrulli
A Case Study of the Carabinieri Force for the Protection of Cultural Heritage
Ted Oakes
Cultural Institutions versus Cultural Policies? Accommodating National Cultural Priorities within the International Treaty Framework protecting to Cultural Property 
Agnese Ghezzi
To File the World: the Archive as Cultural Heritage and the Power of Remembering
Elisa Bernard
Which context(s)? State Property and the Preservation, Fruition and Valorisation of Archaeological Heritage in Italy
Panel #37Democracy and Rule of Law in Asia (II)Chair: Brian Christopher JonesNo room assigned yet
Paper Title
Chien-Chih Lin
Civil Constitutionalism (and the lack thereof) in Taiwan
Brian Christopher Jones
Criticising the courts: from ‘foreign’ judges to ‘dinosaur’ judges
Glenn Patmore
Developing a Right to Democracy in International Law: Protection by the Rule of Law?
Hualing Fu
Protest, Law, and Regime Type
Jacques deLisle
Taiwan, Hong Kong, and the Ambivalent Relationship between Law and Democracy
Panel #38Citizenship through memory politics: distribution of passports as game on historyChair: Michal TamirNo room assigned yet
Paper Title
Yossi Harpaz
Ancestry into Opportunity: Dual Citizenship and Commodification
Aleksandra Gliszczynska-Grabias
Holocaust survivors and their Polish passports – a saga of refusals
Uladzislau Belavusau
Jewish Past, Mnemonic Constitutionalism and Politics of Citizenship
Panel #39Transsystemic LegisprudenceChair: Jula HughesNo room assigned yet
Paper Title
Zhixiang Seow
An Appraisal of Legislative Procedure in the Singapore Parliament
Tímea Drinóczi
Quality Control and Management in Legislation
Vanessa MacDonnell

Jula Hughes
The Art and Science of Constitutional Legislation
Panel #40Revisiting Courts as Democracy-Builders (Book Panel)Chair: Po Jen YapNo room assigned yet
Paper Title
Tom Gerald Daly
Response to the 4 Panellists’ Critiques
Sujit Choudhry
Response to The Alchemists book
David Landau
Response to The Alchemists book
Michaela Hailbronner
Response to The Alchemists book
Raul Sanchez Urribarri
Response to The Alchemists book
Panel #41Understanding the Rule of LawChair: Deyana MarchevaNo room assigned yet
Paper Title
Giulia Aravantinou Leonidi
Constitutional reform and the rule of law. Challenging democracy in times of crisis. A comparative study of the Greek and the Italian cases.
Ailbhe O'Neill
Open Justice and the Rule of Law
Juan Mecinas

Victoria Alsina

Jose Martinez
Rule of Law, State capability and economic and democratic development in Latin America
Elisa Spiller
The Rule of Law and Algorithms
Deyana Marcheva

Ekaterina Mihaylova
The Rule of Law as a Frontier of Public Law in Post-Communist Bulgaria
Panel #42New Perspectives on Constitutional and Legal PluralismChair: Jaclyn NeoNo room assigned yet
Paper Title
Damian Chalmers
Nicholas Barber

Cora Chan
Legal pluralism: a means of sustaining liberal constitutionalism within authoritarianism? The case of China and Hong Kong
Jaclyn Neo

Ngoc Son Bui
State Constitutional Pluralism
Niels Petersen
What role for pluralism in inter-court relationships? – An explanatory framework
Panel #43Constitutions and Markets: A discussion of 'The Redress of Law'Chair: Marco GoldoniNo room assigned yet
Paper Title
Michael Wilkinson
Arendt's Phenomenology of the Political
Emilios Christodoulidis
Constitutions and Markets: A Reply
Marco Goldoni
Labour constitutionalism
Marco Dani
The Lie of Constitutional Governance
Scott Veitch
The Redress of Law
Panel #44Constitutional reforms in times of economic and political crisis: the role of courtsChair: Flavia Santiago Lima No room assigned yet
Paper Title
Melina Fachin
Social rights in times of economic crisis: the role of the courts
Maurício Peixoto
The Welfare State of China as a Great Wall in the post-crisis of 2008
Estefânia Barboza

Ilton Robl Filho
Unconstitutional constitutional amendments: can a strong judicial review avoid abusive constitutionalism?
Jairo Lima

Rubens Beçak
When 5×4 is not a winning majority: judicial decision-making on unconstitutional constitutional amendments
Flavia Santiago Lima
Who will protect social rights in times of economic crisis? Exploring the legal parameters of judicial intervention in Brazilian public policies
Panel #45The Role of Experts in Public LawChair: Lorenza VioliniNo room assigned yet
Paper Title
Sofia Ranchordas
Meet the New Experts: Legitimacy and Accountability Deficits in the Platform Economy
Giada Ragone

Benedetta Vimercati
Neuroscience and law within the recent Italian law on living will: which role for experts?
Frank Pasquale
Professional Judgment in an Era of Artificial Intelligence and Machine Learning
Panel #46New Theories of the Separation of PowersChair: Murray WessonNo room assigned yet
Paper Title
Murray Wesson
Separation of Judicial Power in Comparative Perspective
Francisco Urbina
Separation of Powers: The Minimal View
Octaviano Arruda
State of Exception and Literature
Karol Dobrzeniecki
The concepts of a state necessity in legal theory
Zoltan Pozsar-Szentmiklosy
The invisible separation of powers
Panel #47The New Legal Frontiers of IdentityChair: Anna LukinaNo room assigned yet
Paper Title
Judit Sandor
Genetic Identity: A Mereological Fallacy in the Law?
Lily Evelina Sitorus

Geographical Indication as National Identity
Ya Lan Chang
Identity and Communitarian Constitutional Rights in Singapore
Franco Peirone
Legitimacy of identity claims in ‘free and democratic elections’: A rule of law perspective.
Anna Lukina
Russia v ECtHR: protecting national identity using constitutional brakes
Dana Burchardt
The psychology of constitutional identity jurisprudence
Panel #48Constitutionalism and Constitutional Actors in Comparative PerspectiveChair: Samuel IssacharoffNo room assigned yet
Paper Title
Roznai Yaniv

Mara Malagodi
“Constitutional Zoology”: Animals in Comparative Constitutional Law
Mila Versteeg

Erensu Altan
Constitutional Duties
Yvonne Tew
Courts and Constitutional Adjudication in Contemporary Malaysia and Singapore
Panel #49Book Panel: Parliament's Secret War - Veronika Fikfak, Hayley J. HooperChair: Gavin PhillipsonNo room assigned yet
Paper Title
Paul Craig
Commentary on the book
Jeff King
Commentary on the book
Veronika Fikfak
Hayley Hooper
Panel #50Reconsidering the Legal Effects of the Chinese ConstitutionChair: Björn AhlNo room assigned yet
Paper Title
Yi Sun
Constitutional Review without Constitutionalism? Prospects and Limitations of a Constitutional Review Mechanism in China
Yunfei Zha
Fundamental Rights as "Legal Rights and Interests" in Chinese Administrative Litigation
Björn Ahl
The Application of Rule-of-Law Ideology in Chinese Judicial Practice
Daniel Sprick
The Limits of Political Rights in China as Seen in Cases
Panel #51Towards Ever More Effectivity in Antidiscrimination Law? Technical and Theoretical Innovations in a Comparative PerspectiveChair: Julie SukNo room assigned yet
Paper Title
Ying Hsueh Chen
Effectivity and Efficiency of Employment Quota for Persons with Disabilities: A Comparative Study of the French and Taiwanese Cases Based on the CRPD Objective
Claire Langlais
The diversification of concepts in antidiscrimination law: the case of discrimination "by association" in front of ECJ and ECtHR
Robin Medard Inghilterra
Towards a Judicial Analysis Focused on the Effects of the Adverse Treatment: What Implications for Anti-Discrimination Law?
Raphaële Xenidis
Transforming EU Equality Law: On Disruptive Narratives and False Dichotomies
Panel #52Interoperability of Security ExecutivesChair: Joana Mendes (chair) Massimo Fichera (discussant)No room assigned yet
Paper Title
Mariavittoria Catanzariti
Inter-legal perspectives on the Public/Private Partnership
Gavin Sullivan
Interoperability, Global Security Law and the Politics of Data Formatting
Deirdre Curtin

Filipe Brito Bastos
Receive it to believe it? Administrative information-sharing under European constitutional law
Francesca Galli
The formalization of interoperable networks: constitutionalising information sharing in the AFSJ?
Panel #53Constitutionalisation, Deconstitutionalisation and Europeanisation of Administrative Law: a challenge for the Identity of Public LawChair: Daria de PretisNo room assigned yet
Paper Title
Daria de Pretis
The identity of Public Law in view of the Constitutionalisation, Deconstitutionalisation and Europeanisation of Administrative Law: concluding remarks
Emilie Chevalier
The identity of Public Law in view of the Constitutionalisation, Deconstitutionalisation and Europeanisation of French Administrative Law
Ferdinand Wollenschläger
The identity of Public Law in view of the Constitutionalisation, Deconstitutionalisation and Europeanisation of German Administrative Law
Luca De Lucia
The identity of Public Law in view of the Constitutionalisation, Deconstitutionalisation and Europeanisation of Italian Administrative Law
Luis Arroyo Jiménez
The identity of Public Law in view of the Constitutionalisation, Deconstitutionalisation and Europeanisation of Spanish Administrative Law
Panel #54After Democracy: New Challenges in Global and Comparative PerspectivesChair: Jiewuh SongNo room assigned yet
Paper Title
Fabian Duessel
Brexit: Constitutional identity as an obstacle to multilevel governance?
Jiewuh Song
Human Rights in South Korea: Fault Lines and Frontiers
Yoon Jin Shin
Non-Citizens’ Rights and Judicial Review for Inclusive Democracy
Joo-Young Lee
Social Rights of Non-Nationals and Constitutional Values in a Diverse Society
Panel #55On the Theory of Human and Constitutional RightsChair: Moshe Cohen-EliyaNo room assigned yet
Paper Title
Kai Möller
Justifying the Culture of Justification
Iddo Porat
The Platonic Conception of Constitutional Rights
Ester Herlin Karnell
The Right to Justification in EU Security Context
Mattias Kumm
Three Good Reasons Why Universal Human Rights Are Not The Same Everywhere
Panel #56The Role of European Citizens in Reforming EU DemocracyChair: Davor JancicNo room assigned yet
Paper Title
Davor Jancic
From Paris with Love: A Critique of President Macron’s Democratic Conventions
James Organ
Participatory Democracy in the CJEU Case Law: Challenges and Implications for the EU
Anastasia Karatzia
Re-Designing the European Citizens’ Initiative: Revolution or More of the Same?
Nikos Vogiatzis
The Past and Future of the Right to Petition the European Parliament: A Viable Alternative for Citizens’ Participation in the EU?
Panel #57Rethinking peace and constitution makingChair: Vicki Jackson2nd Chair: Christie WarrenNo room assigned yet
Paper Title
Asli Ozcelik-Olcay

Tarik Olcay
(Un)constitutional change rooted in peace agreements
Omar Hammady
Constitution-making at times of war: Lessons from Libya, Yemen and Syria
Caitlin Goss
History and the constitution
Jenna Sapiano
Silences in constitutions and space for self-determination
Panel #58The Forms and Limits of Constitutional LegitimacyChair: Mark KielsgardNo room assigned yet
Paper Title
Leonid Sirota
Democracy and Constitutional Legitimacy in Canada/Québec and Spain/Catalonia
Da-Wei Kuan
Taiwan’s Indigenous People and the Challenge of Taiwanese Constitutionalism
Guy Charlton
The Impact of Indigenous Groups on New Zealand and American Constitutionalism and Law
Panel #59The Evolving Judicial Function IIChair: Rivka WeillNo room assigned yet
Paper Title
Anne Richardson Oakes
‘Popular Sovereignty and the Enemies of the People’: Can a ‘Theory of Everything’ Legitimise a Role for the Judiciary as Guarantors of Environmental Rights
Rivka Weill
Bills of Rights with Strings Attached – Protecting Death Penalty, Slavery, Discriminatory Religious Practice and the Past from Judicial Review
Anthony Tonio Borg
Juridical Interest in Constitutional Proceedings
Panel #60Conceptualizing and operationalizing identity: a challenge for public lawChair: Nico KrischNo room assigned yet
Paper Title
Kim Chanbonpin
Asian Americans and Racial Justice
Andras Pap
Choice and fraud: Conceptualizing and operationalizing identity by public law
Tamar Hostovsky-Brandes
Constitutional Identity in Israel: Proposed Basic Law: Israel as the Nation State of the Jewish People
Camille Gear Rich
Contracting Our Way to Inequality: Race, Reproductive Freedom and he Quest for the Perfect Child
Zuzana Illyova
Legal Conceptualization of Jews in the Territory of Slovakia during the 20th Century
Jennifer Schweppe
What is hate, and what is a hate crime? Targeted hostility, the criminal law and the principle of certainty
Panel #61Secessionism within liberal democraciesChair: Elias DinasNo room assigned yet
Paper Title
Zoran Oklopcic
All the world’s a stage (of popular sovereignty): Catalan referendum between the script, performance, and calculus
Héctor López Bofill
Hubris, Constitutionalism and the 'indissoluble unity of the Spanish Nation'
Nikos Skoutaris
Secession in the EU Constitutional Order
Parallel Panels Session IIITuesday June 26 2018 11.00 AM - 12.30 PM
Panel #62Constitutional Democracy in Crisis? IChair: Sandy LevinsonNo room assigned yet
Paper Title
Michaela Hailbronner
"Beyond Legitimacy: Europe;s Crisis of Constitutional Democracy"
Tom Ginsburg

Aziz Huq
"Defining and Tracking the Trajectory of Liberal Constitutional Democracy"
Ran Hirschl

Ayelet Shachar
"Religious Talk’ in Narratives of Membership"
Yaniv Roznai
Constitutional Democracy in Israel
Panel #63"Reader Meets Author" of "Discrimination as Stigma" by Iyiola Solanke. Part 2/2: Multi-jursidictional ResponsesChair: Tanya HernandezNo room assigned yet
Paper Title
Iyiola Solanke
Author Response to Reader Feedback
Thiago Amparo
Brazil Reader Response to Book “Discrimination as Stigma”
Puja Kapai
Hong Kong Reader Response to Book “Discrimination as Stigma”
Kelley Loper
Hong Kong Reader Response to Book “Discrimination as Stigma”
Tanya Hernandez
Latina Reader Response to Book “Discrimination as Stigma”
Panel #64Populist Challenges to Liberal Constitutionalism II.Chair: Gabor HalmaiNo room assigned yet
Paper Title
Aeyal Gross
Constitutional populism and democracy – the case of Israel
Tomasz Koncewicz
Poland v EU. Understanding what’s happened, rediscovering European "first principles” and thinking counter – strategies
Bojan Bugaric
Populism and Liberal Democracy in East Central Europe
Tom Daly
Populisms, Elitism and the Threat to Liberal Constitutional Democracy in Brazil
Wojciech Sadurski
Populist Challenges to Liberal Constitutionalism: A Case of Poland
Rui Tavares
The European Promise: EU integration as a post-conflict constitutionalisation of fundamental rights — and why it matters today
Panel #65The Authoritarian Pushback and the Resilience of International Institutions - Part 2Chair: Silvia SteiningerNo room assigned yet
Paper Title
François Finck
The authoritarian/nationalist pushback as a bottom-up challenge to regional integration organizations: an analysis of the EU and Mercosur
Matthias Goldmann
The Contribution of the International Economic Constitution to Authoritarian Liberalism
Qingxiu Bu
The One Belt and One Road (OBOR) Initiative: Reconceptualisation of State Capitalism vis-à-vis Remapping of Global Governance
Maurizia de Bellis
The Resilience of Transnational Regulatory Networks in the Age of Authoritarian Pushback
Hsien-Li Tan
Transforming an Informal Political Grouping into a Legalized Intergovernmental Organization: Overcoming Legal, Capacity, and Cognitive Dissonances in Building a Rules-based ASEAN
Panel #66Public Law and the Digital Era II: Trade and Data Flows between EU, Japan, and ChinaChair: Vigjilenca AbaziNo room assigned yet
Paper Title
Jyh-An Lee
China’s Approach to Internet Sovereignty: Maintaining cybersovereignty?
Mira Burri
Governance of Data and Data Flows in Trade Agreements
Lin Yang
Internet Courts: Mapping a new development of Online Dispute Resolution mechanisms in China
Thomas Streinz
Re-constituting Global Cyber-Law
Panel #67ICONOCLASM, NATIONAL IDENTITY, CULTURAL HERITAGE AND MONUMENTSChair: Sabino Cassese2nd Chair: Lorenzo CasiniNo room assigned yet
Paper Title
Emanuele Pellegrini
A Square, a Museum and a Monument: Piazza Venezia in Rome after World War II
Fabrizio Parrulli
Constructions of Identity and the Carabinieri Force for the Protection of Cultural Heritage
Felicia Caponigri
Legally Contextualizing American Confederate Monuments and Italian Fascist Monuments
Anna Pirri Valentini
The role of cultural heritage policies in the definition of a national identity
Panel #68International Norms and Constitutional Change in Unreceptive Environments: The South East Asian Conundrum I (The Investee State)Chair: Damian ChalmersNo room assigned yet
Paper Title
Gloria Loo Jing Xi
ASEAN and a Janus-faced constitutionalism: the Indonesian case
Marija Jovanovic
Economic Integration, Common Identity and Regional Framework for Migration: The Curious Case of ASEAN
Ranita Yusran
Shaping the Indonesian Legal Order: from International Norms to Administrative Procedures
Damian Chalmers
The Regional Constitution of the Investee State
Panel #69Human Rights Performance in TaiwanChair: Wen-Chen ChangNo room assigned yet
Paper Title
Cheng-Yi Huang
Constitutional Uprising and Epistemic Democracy
Hui-chieh Su
Freedom of Expression in Taiwan
Yen -tu Su
Rights Advocacy through Simulation
Chien-Chih Lin
Towards an Analytical Framework of Constitutionalism in East Asia
Panel #70Constitutional Change: Foundations and Balance of PowerChair: Oran DoyleNo room assigned yet
Paper Title
Oran Doyle
Constitutional Beginnings
Mikolaj Barczentewicz
Legal powers and constitutional change
David Kenny
Media balance in referendum campaigns
Juliano Benvindo
Symmetrical and Asymmetrical Constitutional Change in Latin America
Li-kung Chen
The Temporal Dimension of the State
Panel #71Constitutional Review in ChinaChair: Cora ChanNo room assigned yet
Paper Title
Mingtao Huang
A Prequel to the Constitutional Review in China: the Rise of “Constitutional Supremacy” in the Confinement of the NPC System
Lei Zheng
Constitutional Review in Action?: the Current Developments of the NPCSC’s Record and Review Mechanism
Gao Qinwei

Pui Yin Lo
Kai Wang
From Political Constitution to Staatscrecht
Xiaonan Yang
The Institutional Competence of the NPCSC and Other Reviewers: the Possibility and Predicament of Constitutional Review in China
Panel #72Governing Technology under International and European Law: Enhancing Security whilst Safeguarding Rights (?)Chair: Nicole LazzeriniNo room assigned yet
Paper Title
Francois Delerue
Attribution of cyber conducts to a subject of international law
Daniela Vitiello
EU Anticipatory Border Governance in the Age of Interoperability. A Legal Appraisal of the New 'Flexiciency' Paradigm
Ornella Feraci
EU law and cross-border online disputes over defamation and copyright infringments: the need for a brand-new "less is more" normative approach
Nicole Lazzerini

Nicolò Nisi
Privates involvement in law enforcement activities: a preliminary assessment of the emerging role of Internet Services Providers under EU law
Elena Carpanelli
The Passenger Name Record (PNR) ‘dilemma’ within and beyond European Union's borders: balancing security concerns and the protection of fundamental human rights
Andrea Spagnolo
The Use of Autonomous Weapons Systems in Domestic Law Enforcement Operations: Testing the Resilience of International Human Rights Law
Panel #73Rights, Governance and Accountability in a Data Intensive AgeChair: Frank PasqualeNo room assigned yet
Paper Title
Yongxi Chen
Accountability in Data-Driven Regulation: A critique of the Joint Punishment Scheme under China’s Social Credit System
Mei Ning Yan
Protection of Fallen Heroes and Freedom of Expression: A Comparative Study of Mainland China and the United States
Anne Cheung
Rule by Data and the Quest for Data Justice: Lessons from China’s Social Credit
Solke Munneke

Sofia Ranchordás
Social Media and the Right to Vote
Marcelo Thompson
The Problem of Virtual Co-Location: China’s Social Credit System and the Legal System of the Hong Kong SAR
Paper Title
Stephen Ayiera
“Computer Generated Leaders?”: The Irony of the Electronic Transmission System in the August 2017 Presidential Elections
Tomasz Milej
A One-Man Show in a “Not-So-Universal” Suffrage – The Second 2017 Supreme Court Ruling
Hildah Mutwiri
Analysis of The First Presidential Election Petition (2013): Post The Kenyan 2010 Constitution
Gibson Nyamato
Presidential Elections in Kenya, The Philosophical Approach in the Supreme Court Decisions 2013 -2017
Panel #75Between Compelled Speech and Subsidized Speech: Institutional PerspectivesChair: Mark TushnetNo room assigned yet
Paper Title
Ori Aronson
Do Welfare States Have a ‘Freedom to Fund’? On Conditional Cash Transfers and Political Speech
Adam Shinar
Free Speech, Free Finance, and the Anti-Entrenchment Principle
Anna Su
The Moral Market: Compelled Speech and Government Funding
Panel #76The Changing Landscape of Chinese ConstitutionalismChair: David LawNo room assigned yet
Paper Title
Shitong Qiao
Federalism and the Rights Revolution: Why Do Chinese Local Governments both Endanger and Expand Individual Land Rights?
Peng Wang

From Institutional Interaction to Institutional Integration: The National Supervisory Commission and China’s New Anti-corruption Model
Han Liu
Unconstitutional Constitutional Change?: the Constitutional Logic of Chinese Economic Reform
Panel #77The Comparative Law of DemocracyChair: Shubankar DamNo room assigned yet
Paper Title
Michael Pal
Election Commissions and Democratic Decline
Ron Levy
Shotgun Referendums: Popular Deliberation in Constested Regions
Ciara Torres-Spelliscy
Why the U.S. Supreme Court Should Recognize a Compelling State Interest in Preserving Candidate Time
Panel #7830 YEARS OF THE BRAZILIAN CONSTITUTION: THE NEED TO TAKE STOCKChair: Melina Fachin2nd Chair: Estefania Queiroz BarbozaNo room assigned yet
Paper Title
Estefânia Queiroz Barboza
30 years after: is democracy in Brazil stable?
Melina Fachin
Brazilian Social Constitutionalism 30 years later: why so distant?
Flávia Santiago Lima
Strengthening the Brazilian "juristocracy" in self-interest: the engagement of justices since National Constituent Assembly to the Super Supreme Court thirty years later
Jairo Lima
The Absence of Janus: Procedural and Substantive Limits To the Amending Power in Brazil
Rodrigo Kanayama
Tribunais de Contas (Courts of Audit): the new protagonist of the 30th year of the Brazilian Constitution
Panel #79Structural Principles for Public International LawChair: Jen HendryNo room assigned yet
Paper Title
Alexandra Hearne

Simon Palmer
(International) Law as Answer to Moral Risk
Alex Green
The Puzzle of States and their Territory
Oisin Suttle
Thick and thin moralities and legitimacy in international adjudication – the case of the WTO
Lea Raible
What Value for Consensus? Human Rights, Normative Force, and Universality
Panel #80The scope and nature of non-statutory executive powers after Miller: a conceptual and comparative inquiryChair: Jeff KingNo room assigned yet
Paper Title
Robert Craig
‘Royal Prerogative: Exploring the conceptual architecture’
Gavin Phillipson
Reconceptualising prerogative powers after Miller
Margit Cohn
The Prerogative and Non-Statutory Powers: A Comparative Analysis
Panel #81[GlobCon] The Future of Global ConstitutionalismChair: Mattias KummNo room assigned yet
Paper Title
Akiko Ejima
A role of “constitutionalism” in the recent constitutional debates on Article 9 (the “pacifism” clause) in Japan
Hajime Yamamoto
Authoritarian Constitutionalism in Japan?
Yoon Jin Shin
Cosmopolitanizing engagement of the South Korean Constitutional Court
Mattias Kumm
The challenges and opportunities China presents for the evolution of Global Constitutionalism
Kriszta Kovács
The future of constitutionalism in Hungary and Poland
Panel #82Common Legal Drafting Rules for the Portuguese-speaking Countries and RegionsChair: Mauro ZamboniNo room assigned yet
Paper Title
António Delicado
Common Legal Drafting Rules for the Portuguese-speaking countries and regions: current state of the project and methodological approach
João Tiago Silveira
Common Legal Drafting Rules for the Portuguese-speaking countries and regions: identification of the existing situation
Rui Lanceiro
Common Legal Drafting Rules for the Portuguese-speaking countries and regions: possible outcomes
Panel #83Secrecy and Accountability in National Security LawChair: Hayley Hooper No room assigned yet
Paper Title
Daniella Lock
Assuming Facts as an Alternative to Secret Evidence
Katy Vaughan
Judicial Control over the Use of Closed Material Procedures
Jessie Blackbourn
Secrecy, Accountability and the Use of the Independent Reviewer of Terrorism Legislation in Court Proceedings
Panel #84The Twilight of Japan's Postwar ConstitutionChair: Tokujin MatsudairaNo room assigned yet
Paper Title
Masahiko Kinoshita
Concentration of Wealth and Democracy under the Japanese Constitution
Mayu Terada
Judicial Negativism in Japan
Tokujin Matsudaira
The Academic Response to the Constitutional Zone of Twilight
Craig Martin
The Trojan Horse of Abe's Constitutional Amendment Proposal
Panel #85Beyond Legal Borders: In Search of DemocracyChair: Henning HahnNo room assigned yet
Paper Title
Wulf Loh
Civil Disobedience and the Digital Public Sphere
Kristin Albrecht
Democracy through Undemocratic Means
Henning Hahn
Simulating Cosmopolitan Agency: The Political Function of Global Civil Disobedience
Miles Maftean
The Paradox of Democracy’s Un-Democratic Defense: Civil Disobedience and State of Emergency
Panel #86Religious Freedom and the Anti-discrimination PrincipleChair: Julie SukNo room assigned yet
Paper Title
Mathias Moschel
(Re-)Characterizing Headscarf and Veil Bans as Harassment
Tarun Khaitan

Jane Norton
Distinguishing Freedom of Religion from Religious Non-Discrimination
Gila stopler
Gender Segregation in Public Places: Religious Accommodation or Sex Discrimination?
Christopher McCrudden
Litigating Religions
Panel #87Religion and (Il)liberal Constitutionalism in AsiaChair: Eugénie MérieauNo room assigned yet
Paper Title
Faisal Kamal
Adjudicating Blasphemy : Challenging the Writ of the State in Pakistan
Khemthong Tonsakulrungruang
Buddhism’s Influence on Thailand’s Constitutional Arrangement
Eugénie Mérieau
Lese-Majeste and Sacred Kingship in Southeast Asia
Dian AH Shah
Religion and Constitutional Design: Divergences and Convergences in Malaysia and Indonesia
Thomas White
The Politics of a Contronymic Secularism in Fiji
Panel #88Emergency, Legality and Resistance in AsiaChair: Surabhi ChopraNo room assigned yet
Paper Title
Eva Pils
China’s contemporary dual state and its global implications
Surabhi Chopra
Impunity and public law in India: Lessons for challenging constitutional retrogression in liberal democracies
Rawin Leelapatana
The Kelsenian and Schmitian views on the nature and use of emergency powers revisited: the lesson from Thailand’s colour-coded politics
Hualing Fu
Three Approaches to Political Protest: A Hong Kong, Taiwan and Mainland China Comparison
Panel #89The Role of Human Rights Law in Protecting Vulnerable PersonsChair: Panu MinkkinenNo room assigned yet
Paper Title
Mehrnoosh Farzamfar
A Critical Analysis of the Use of Diplomatic Assurances in the Cases of Expulsion to Torture
Milka Sormunen
Balancing State Interests with the Best Interests of the Child
Elina Almila
The Role of Human Rights Law in Protecting Children against Sexual Violence in Armed Conflicts
Panel #90Challenges and transformations of the Separation of PowersChair: Lorenza Violini No room assigned yet
Paper Title
Nicholas Barber
Is the Separation of Powers Applicable to Parliamentary Systems?
Eoin Carolan
The populist challenge to the separation of powers
Luca Pietro Vanoni

Antonia Baraggia
The Separation of Powers from an Evolutionary Perspective: Reconciling Power and Freedom
Steven G. Calabresi
The separation of powers in civil law countries
Panel #91Constitutional Law in ContextChair: Jhuma SenNo room assigned yet
Paper Title
Yair Sagy
History in the Service of the Israeli Constitutional Revolution? Revisiting the United Mizrahi Bank Case
Antonios Kouroutakis
Rethinking Constitutional Law
Hillel Sommer
Revisiting the Constitutional Override: Turning a “Bete Noir” Into a Useful Constitutional Tool
Ntombizozuko Dyani-Mhango
South African President Zuma’s contribution to the constitutional jurisprudence
Nicholas Aroney
Structure and Process in the Explanation of Federal-Constitutional Systems
Jhuma Sen
Walking with ‘the Quran in one hand and the Constitution in the other’: The Islamic Women’s Movement in India and Landscapes of Adjudication
Panel #92Regulating Online Threats to DemocracyChair: Jamal GreeneNo room assigned yet
Paper Title
Kate Klonick
Facebook v. Sullivan
Chinmayi Arun
Rebalancing Regulation of Speech: Hyper-Local Content on Global Web- Based Platforms
Nate Persily
The Implications of Platform Speech Regulation of Disinformation
Panel #93Women rights at risk: A comparative analysisChair: Bertil Emrah OderNo room assigned yet
Paper Title
Valentina Rita Scotti
Protecting women from violence: a European comparative analysis from domestic norms to the Istanbul Convention
Azhar Zahra

N. Mohajer Shahideh
The role of Sharia in women’s rights in Iran: promotion and restriction
Irene Spigno
The role of the Inter-American Court of Human Rights in protecting women against endemic violence.
Panel #94Judicial Review in Young Democracies: Individual Access to Constitutional AdjudicationChair: Denis GalliganNo room assigned yet
Paper Title
Ivo Gruev
Inaccessible Rights: The Unrealised Potential of the Bulgarian Constitutional Court
Simon Drugda
Individuals in the Constitutional Court: Complaint, Protest, Scandal, and Weapons of the Weak
Fernanda Farina
Politics behind the vail of law: how fundamental rights discourse can hide excesses in judicial review. An empirical study from Brazil.
ICON-S WorkshopTuesday June 26 2018 1.30 PM - 2.30 PMUniversity of Hong Kong, Faculty of Law
How to Supervise a Ph.D. Thesis?Chair: Joseph H.H. Weiler, NYU School of Law


ICON-S Workshop hosted by Professor Joseph H.H. Weiler, New York University School of Law
Plenary Panel IITuesday June 26 2018 2.30 PM - 4.00 PMUniversity of Hong Kong, Faculty of Law
Courts and DemocratizationChair: Professor Richard Albert, University of Texas School of Law
Justice Ilwon Kang
Constitutional Court of Korea

Professor Kim Lane Scheppele
Princeton University

Professor Lin Tzu-Yi
Director & Distinguished Research Professor, Institutum Iurisprudentiae, Academia Sinica, Taipei

Parallel Panels Session IVTuesday June 26 2018 4.30 PM - 6.00 PM
Panel #95Constitutional Democracy in Crisis? IIChair: Mark TushnetNo room assigned yet
Paper Title
David Landau
"Constitution-Making and Authoritarianism in Venezuela: The First Time as Tragedy, the Second as Farce
Sam Issacharoff
"Populism versus Democratic Governance"
Kim Lane Scheppele
"The Decline of Political Parties and Constitutional Democracy"
Sujit Choudhry
"Will Democracy Die in Darkness? Calling Autocracy by its Name"
Panel #96Global and Comparative Administrative Law: In Quest For DemocracyChair: Marco D'AlbertiNo room assigned yet
Paper Title
Lorenzo Casini
Eric Ip
See Panel Description
Patricia Galvao
See Panel Description
Giulio Napolitano
See Panel Description
Alfredo Moliterni
See Panel Description
Mariana Prado
See Panel Description
Panel #97Constitutional Politics in AsiaChair: Andrew Harding No room assigned yet
Paper Title
Maartje de Visser
A Deafening Silence? Non-Judicial Dialogues in a Dominant-Party Democracy
Bjoern Dressel
Megapolitical Cases and the Constitutional Court of Indonesia: An Empirical Analysis (2003-2017)
Andrew Harding
Politics and Political Footballs: Malaysian Monarchy in an Age of Consumerism
Jaclyn Neo
The Politics of Judicial Engagement with Constitutional Amendments
Panel #98Book Discussion: Zoran Oklopcic, Beyond the People. Social Imaginary and Constituent Imagination (OUP, 2018)Chair: Scott VeitchNo room assigned yet
Paper Title
Joel Colon-Rios

Mara Malagodi

Alex Schwartz

Emilios Christodoulidis
Discussing "On Beyond the People"
Zoran Oklopcic
Panel #99Book Discussion: Proportionality: New Frontiers, New Challenges (Cambridge U Press, 2017)Chair: Vicki JacksonNo room assigned yet
Paper Title
Vicki Jackson
Iddo Porat

Moshe Cohen-Eliya
Mattias Kumm
Kai Moller
Stephen Gardbaum
Panel #100International Norms and Constitutional Change in Unreceptive Environments: The South East Asian Conundrum II (Constitutionalism as Regional Imaginary)Chair: Damian ChalmersNo room assigned yet
Paper Title
Melissa Loja
Between an Imagined Affinity, the State and ASEAN: The Sources of Regional Human Rights Norms
Rob Real
Judicial Transplantation as a Backdoor to Environmental Normative Integration in ASEAN
Heejin Kim
The Rise of Regulatory State in ASEAN E-Commerce Market – Legislating Electronic Signatures in the Times of Commercial and Technological Innovations
Panel #101Research Methods in Constitutional LawChair: David LawNo room assigned yet
Paper Title
Michael Gilbert

Robert Cooter
Constitutional Law and Economics
Mark Graber
Institutionalist Approaches to the Study of Constitutional Law
Malcolm Langford
Mixed Methods in Constitutional Law: A Question-Driven Approach
Mila Versteeg

Adam Chilton
Quantitative Approaches to the Study of Constitutional Drafting
Panel #102Global standards and the EU: implementation strategies and bottom-up approachesChair: Maurizia De BellisNo room assigned yet
Paper Title
Florin Coman-Kund
Global standards and the EU: Air Transport Safety
Marta Cantero
Global standards and the EU: Telecoms and ICT
Maurizia De Bellis
Incorporation and endorsement: the EU, transnational networks, and private financial standards
Georgios Dimitropoulos
Private Implementation of Global Standards in EU Law: The Case of Certification
Rui Lanceiro
The EU’s compliance with environmental law standards established in the Aarhus Convention: coming together or drifting apart?
Sabrina Röttger-Wirtz
The role of European agencies in global health standards from global to EU to national level
Panel #103Developing constitutional identity through the incremental modelChair: Sophie WeertsNo room assigned yet
Paper Title
Eva Pons Parera
Constitutional identity in discussion without changing Constitution?: territorial model in Spain
Sophie Weerts
Reshaping constitutional identity ? Popular initiatives in Switzerland
Alicia Pastor y Camarasa
The 2014 Tunisian Constitution: new constitution, new constitutional identity ?
Panel #104The Material Constitution of the EUChair: Michaela HailbronnerNo room assigned yet
Paper Title
Marco Dani
The EU Transformation of Social Market Economy
Alexander Somek
The forgotten alternative: Ancient political thought
Marco Goldoni

Michael Wilkinson
The Material Constitution of the Euro and Emergency Measures
Panel #105Constitutional Rights and Corporate ActorsChair: Jernej Letnar CernicNo room assigned yet
Paper Title
Jernej Letnar Černič
Constitutional Obligations of Corporations in Europe
Larry Catá Backer
Constitutional Rights, Corporate Persons, and Accountability in the United States
Surya Deva
Invoking Fundamental Rights to Hold Companies Accountable: The Indian Experience
Paper Title
Vishal Vora
Family law arbitration, how new British citizens are seeking justice
Mathias Möschel
Gender and Ethnic Diversity in International Arbitration
Cengiz Barskanmaz
Towards a Constitutional Doctrine of Alternative Dispute Resolution
Panel #107Protecting national security and preventing terrorism through administrative measuresChair: Giulio NapolitanoNo room assigned yet
Paper Title
Giorgio Mocavini

Maria Stella Bonomi

Giulio Napolitano
Administrative law at the crossroad between domestic safety and human rights
Guy Seidman
Balancing effective protection and agency overreach: lessons from Israel
Veronique Champeil-Desplats
State of emergency and rule of law in France
Panel #108Brexit as a lesson for states in an interdependent worldChair: Elaine FaheyNo room assigned yet
Paper Title
Damjan Kukovec
Brexit and Misconceptions of Governance
Samo Bardutzky

Elaine Fahey
Brexit and the shifting future of the subjects and objects of EU law
Sionaidh Douglas-Scott
Brexit and the Unsettled Constitution of the United Kingdom
Samantha Velluti
Brexit, EU international agreements and the UK
Joseph Corkin
United We Fall: Taking back control in an interdependent world
Panel #109Judging in China and the EUChair: Shucheng WangNo room assigned yet
Paper Title
Shitong Qiao
Challenging Eminent Domain in the High People’s Courts: Procedure is the Key!
Xin He
Gender Inequality in Chinese Divorce Cases
Angela Zhang
Judging in Europe: Do Legal Traditions Matter
Panel #110Social Rights and Economic Inequality: Constitutional Challenges in Comparative PerspectiveChair: Tarunabh Khaitan No room assigned yet
Paper Title
Karen Kong
Judicial Protection of Social Rights in Hong Kong
Mariana Rodrigues Canotilho
Protecting social rights in an interconstitutional context: a southern European view
Surabhi Chopra
Reluctant Reviewers: Judicial Responses to Social and Economic Rights in Indonesia and the Philippines
Antonia Baraggia
Social Rights Adjudication in Time of Economic Crisis and Institutional Interdependence
Panel #111Is Expression the New Privacy? Lessons from the regulation of personal data for the governance of speechChair: Ben WagnerNo room assigned yet
Paper Title
Eliska Pirkova
Regulatory approaches to Free expression in Europe
Jens Kremer
Regulatory approaches to the Right to Privacy and the Protection of Personal Data in Europe
Ben Wagner
Safeguarding rights through deregulation? What Free Expression can learn from Privacy
Panel #112Discretion at Work - Quality of Law-making & Migration Policy I: TheoriesChair: Patricia MindusNo room assigned yet
Paper Title
Patricia Mindus
Arbitrary Law-making: Analysis of a Contested Concept
Meltem Ineli-Ciger
Filling the Lacunae in International Law with Supranational and National Laws & Practices: An Analysis of Subsidiary and Temporary Protection Regimes in Europe and Turkey
Giuseppe Campesi
For a social theory of migration law
João Tiago Silveira

Diana Ettner
Legal Drafting Tools to Prevent Arbitrariness in Discretion 
Guilherme Marques Pedro
Preventive Entry Policies as a violation of the Right to Leave
Tommaso Braida
Shadow Legislative Processes: Is Detention of Stateless Persons an Arbitrary Law-making Practice?
Panel #113How does the world’s most powerful supranational court respond to current and unprecedented challenges and political pressure?Chair: Andra MateiNo room assigned yet
Paper Title
Turkan Khalilova

Andra Matei
Margin of appreciation, moral relativism and the universality of human rights
Julie Hunter
Nationalist Challenges to International Legal Institutions in the 21st century
Duygu Koksal
Using the Principle of Subsidiarity at the Expense of the Right to Individual Application
Panel #114The rise of federal arrangements in Africa: comparative perspectivesChair: Stijn SmetNo room assigned yet
Paper Title
Erika Arban

Adriano Dirri
Beyond formalism: problems and prospects of aspirational principles in African federal constitutionalism. Nigeria, Ethiopia and South Africa in comparative perspective
Jaap De Visser
Can federalism help bring peace to South Sudan?
Yonatan Fessha
Ethnicity and power sharing in African federations
Maja Sahadzic
Multi-tiered (multinational) systems in the African continent: the rationale behind constitutional asymmetries
Nico Steytler
Somalia: building a federation in the absence of trust or constitutionalism
Paper Title
Wim Muller
China As A Champion of An Illiberal Rule of Law
Karolina Podstawa
Rupture or Continuity? On Reception of Rule of Law Standards in Poland 25 Years After the “Democratic” Transition
Aydin Atilgan
The Anatomy Of The Dual State in Turkey
Wiebke Greeff
The Positioning of the Islamic Republic of Iran and Egypt on the International Rule of Law Scale
Maria Smirnova
The Role of Law in National Identity Building in Putin’ Russia
Panel #116Identity, Security and Democracy Issues in Public Policies for Social Inclusion and Economic GrowthChair: Riccardo IontaNo room assigned yet
Paper Title
Marsid Laze
Basic Income and Representative Democracy
Valerio Turchini
Regulation and Technology: Reducing the Digital Divide as a Legal Tool to Protect National Interests and Support Economic Growth
Andrea Averardi
State Capitalism and Foreign Investors: Towards a New Protectionism in Europe?
Federico Caporale
The Requisition of Property and Housing Emergency. An Unforeseen New Tool for Social Policies?
Panel #117Transparency and Participation in China’s Local GovernanceChair: Xixin WangNo room assigned yet
Paper Title
Yaping Ji
Public Participation in Administrative Decision-Making: A Northwestern China Story
Yue Huang
Reforming Politics or Refining Policies: A China Perspective
Wenjing Liu
Transparency and Participation in Courtroom: A Guangzhou Story
Panel #118Investment Courts: Challenges, Perspectives and Regional PoliciesChair: Joanna Jemielniak2nd Chair: Günes ÜnüvarNo room assigned yet
Paper Title
Joanna Jemielniak

Pawel Marcisz
A Tale of Two Unions. Debate on the Investment Court System and Competing Visions of European Integration
Günes Ünüvar
Rules of Ethics and Qualifications of EU Investment Court Judges
Julien Chaisse
The Multilateral Investment Court project: Assessing the Contribution of the European Union – Vietnam FTA
Panel #119The Surveillance StateChair: Elena ChachkoNo room assigned yet
Paper Title
Joe Purshouse
Police Facial Recognition Surveillance and the Right to Privacy
Elena Chachko
Policy and Procedure in the Age of Personalized Foreign and Security Policy
Johann Justus Vasel
Isteissi Somenzari
The control room through History: specific cases of surveillance
Angela Daly

Monique Mann

Michael Wilson

Nicolas Suzor
The limits of (digital) constitutionalism: Exploring the privacy-security (im)balance in Australia
Bernard Keenan
The paradoxical regulation of mass surveillance in Britain, 2013-2016
Panel #120China’s “One Country, Two Systems”: Reflections from Hong Kong and MacauChair: Guobin ZhuNo room assigned yet
Paper Title
Benny Tai
“One Country, Two Systems” after 20 years: From Semi-Democracy to Semi-Authoritarianism
Johannes Chan
Maintaining Institutional Strength: the Court and the Rule of Law
Paulo Cardinal
Source of Resilience in Hong Kong’s Politico-Legal Culture: Comparative Perspectives from Macau
Pui Yin Lo
Twilight of the Idolized: Hong Kong's Legal and Judicial Cultures under Stress
Panel #121Amending ConstitutionsChair: Sergio VerdugoNo room assigned yet
Paper Title
Vanice Lirio do Valle
Constitutional Amendments As A Means to Entrench Public Policies: The Brazil Experience
Chaihark Hahm
How Many Times Has the Korean Constitution Been Amended?: Reflections on Constitutional Identity and the Construction of Time
Sergio Verdugo
Judicial Challenges against the Original Constitution
Fred Felix Zaumseil
Law’s Claim to Authority
Lael Weis
Originalism and Constitutional Amendment
Alexander Fischer
The Vanishing Amendment Process: Judicializing Constitutional Change in India
Panel #122Public Law and AutocracyChair: Alvin CheungNo room assigned yet
Paper Title
Alvin Cheung
“For My Enemies, The Law”: Abusive Legalism
Robert Grzeszczak

“Systemic democratic backsliding”: reflections on recent experience in the European Union
Uday Shankar
Criminalisation of Politics: Threat to Democratic Fabric of a Country– A study of India
Raul Sanchez Urribarri
High Courts and Autocratic Consolidation: The Venezuelan Supreme Court under Nicolás Maduro’s Rule
Muzhen Sun

Guo senyu
The Analysis on the Innate Popular Tendency of Democracy
Parallel Panels Session VWednesday June 27 2018 9.00 AM - 10.30 AM
Panel #123Judicial review as contestation – forms and justificationsChair: Aileen KavanaghNo room assigned yet
Paper Title
Mattias Kumm
Beyond Juristocracy and Legislative Authoritarianism: On the criteria governing the legitimate institutionalization of the relationship between courts and legislatures
Aileen Kavanagh
Judicial Review between conflict and collaboration
Adam Shinar
The real case for judicial review
Tom Hickey
The republican core of the case for judicial review
Panel #124Mass Migrations in the Public Emergency Narrative: Solidarity, Human Rights and Sovereignty Revisited?Chair: Tawhida Ahmed2nd Chair: Saša ZagorcNo room assigned yet
Paper Title
Saša Zagorc
Mass Migrations and Public Emergencies: Where do Human Rights Fit In?
Samantha Velluti
Questioning legal personhood
Samo Bardutzky
Responses to the arrival of a large number of refugees as a 'state of exception' and the sovereignty of interdependent states
Adriana Di Stefano
The Paradoxes of European Solidarity. Burden and Responsibility Sharing for Refugees Protection in the factory of the Global Welfare State
Panel #125Inquiring of judicial decision makingChair: Lorenzo CasiniNo room assigned yet
Paper Title
Eleonora Bottini
Comparative Law Services in Supreme and Constitutional Courts. Methods and Outcomes
Tanya Kateri Hernandez
Judges and the Judging of Mixed-Race Racial Identity Discrimination Claims
Toon Moonen
Renewing a Court: Consequences for Judicial Decision Making and Identity
Michael Koskas
The judicial decision making protocol: the case of the French Conseil constitutionnel
Véronique Champeil-Desplats
Title : How judges decides? The hypothesis of legal contraints
Panel #126Equal Rights Provisions in Constitutions Worldwide: Which Groups are Left Out, and What Works to Strengthen Legal Protections?Chair: Jody HeymannNo room assigned yet
Paper Title
Jody Heymann

Amy Raub

Aleta Sprague
Equal Rights on the Basis of Disability in 193 Constitutions: Movements, Language, and Paths Forward
Andrew Park
Examining Trajectories for LGBT Rights
Amy Raub

Jody Heymann
Quantitative Measures of Equal Rights in Constitutions: Methods and Key Findings
Aleta Sprague

Amy Raub

Jody Heymann
Sexual Orientation and Gender Identity in 193 Constitutions: Progress and Retrenchment on Equal Rights
Panel #127Judging Identities. LGBT Rights Before European CourtsChair: Benedetta Barbisan2nd Chair: Valentina VolpeNo room assigned yet
Paper Title
Valentina Volpe
From Facts to Feelings. LGBT Identities Before European Courts
Giovanni Boggero
Sexual Identities Before International and European Courts Advancing LGBT Rights Through Self-Government
Benedetta Barbisan
The ECHR Article 8’s Right to Privacy: Cordon Sanitaire or Isolation Tank? Homosexuality, Transsexualism, and Sado-Masochism in the ECtHR Case-law.
Panel #128Exclusionary constitutionalismChair: Silvia SuteuNo room assigned yet
Paper Title
Mazen Masri
Comparative Settler-Colonial Constitutionalism
Mara Malagodi

Luke McDonagh
Invoking the Nation in Partitioned Lands: Postcolonial Constitutions and Exclusion in Ireland and the Indian Subcontinent
Tarun Khaitan
Political Insurance for the Poor: Liberal Constitutionalism and Extreme Inequality
Silvia Suteu
Unamendability and Exclusion: Eternity Clauses as a Tool for Majoritarian Constitutional Projects
Panel #129The Study of the Material ConstitutionChair: Marco GoldoniNo room assigned yet
Paper Title
Lars Vinx
Kelsen’s Material Constitution and the Limits of Amendment Review
Mariana Velasco Rivera

Joel Colon Rios
On the Legal Implications of a ‘Permanent’ Constituent Power
Fernando Munoz
The material constitution in the longue durée: reflections on the Chilean constitutional dilemma
Paul Blokker
The political sociology of constitutions and the material constitution
Panel #130Chief Justices in Semi-Democracies: Comparative Perspectives on Judicial (Dis)EmpowermentChair: Björn DresselNo room assigned yet
Paper Title
Raul Sanchez Urribarri
Chief Justices and Autocratic Consolidation: The Venezuelan Supreme Court under Nicolás Maduro’s Rule
David Kosař

Samuel Spáč
From Transmission Belts to (Semi)Autonomous Actors – Chief Justices in Slovakia
Alexei Trochev

Peter Solomon
Pragmatic Constitutional Court in Russia’s Dual State
Panel #131Unconstitutional Amendments: Theory and PracticeChair: Neliana RodeanNo room assigned yet
Paper Title
Neliana Rodean
(I)Liberal Constitutionalism and Populism: how “We, the people” threat constitutional changes
Oran Doyle
Simon Drugda
The Theory and Practice of Unconstitutional Constitutional Amendments in Slovakia
Tarik Olcay
Unamendability for Constitutionality
Panel #132Oxford Handbook of Constitutional Law in AsiaChair: Wen-Chen ChangNo room assigned yet
Paper Title
Weitseng Chen
Constitutionalism in Asian Hybrid Regimes
Malcolm Langford
Economic and Social Rights in Asia
Maartje de Visser
Regional Judicial Cooperation and Dialogue in Asia
Albert Chen
The Constitutional Project of “One Country, Two Systems” in Hong Kong
Akiko Ejima
The Influence of International Law on Constitutional Law in Asia
Jimmy Chia-Hsin Hsu
The Right to Life and Human Dignity in Asia
Panel #133Public Law in a Cybernetic EraChair: Andrea SimonciniNo room assigned yet
Paper Title
Andrea Simoncini
“Cybernetic” Sovereignty and the future of Constitutional Law
Jan Podkowik
Artificial Intelligence – new challenges for public law and the human rights’ doctrine
Maksim Karliuk
Artificial Intelligence: Challenging the Law
Anna Su
Can International Human Rights Law Survive the Rise of Artificial Intelligence
Mayu Terada
Possible Public Law Framework on AI (Artificial Intelligence) and Security -AI Network and the Risk-
Panel #134Security challenges and Hungary - a European contextChair: Timea DrinocziNo room assigned yet
Paper Title
Reka Torok
Human rights, national identity, public security and sovereignty – Constitutional questions on the conception of the EU’s compulsory quota system
Lorant Csink
Hungarian Regulation from the View of Strasbourg
Marton Monika
Hungary’s response to security challenges – regulatory background
Timea Drinoczi
Security challenges and public law – lessons learned from Hungary
Panel #135Judicial guarantees, impeachment and political judgments: Inter-American Court of Human Rights as democracy protector?Chair: Jorge Ernesto ROA ROANo room assigned yet
Paper Title
Rodrigo Kanayama

Fabrício Tomio

Ilton Norberto Robl Filho
Impeachment, public budget and accountability
Melina Girardi Fachin
Inter-American dialogues: searching for common and shared standards of democracy
Estefânia Maria De Queiroz Barboza
Judicial guarantees in the process of Brazilian impeachment: the opinion of the Federal Supreme Court
Vera Karam de Chueiri

Heloísa Câmara
The rhetoric of crisis in Constitutional Law
Panel #136External Assistance to Constitution Making in the 21st CenturyChair: Tom GinsburgNo room assigned yet
Paper Title
Sumit Bisarya
External Assistance and the Endogenous Forces and Mechanisms of Constitution Making
Yash Pal Ghai
Reflections on External Advice to Constitution Making
Tom Ginsburg
Reflections on external assistance to constitution making
Sujit Choudhry
Reflections on external assistance to constitution making
Panel #137Public Law and Democratic MediaChair: Eszter BodnarNo room assigned yet
Paper Title
Asaf Wiener
Freedom of the Press vs. Freedom of the Screen: Democratic and Constitutional Challenges of Media Law and Policy in The 21st Century
Eszter Bodnar
From banned interviews till Saturday Night Live: judicial appearance in the media and its limits
Jurij Toplak
Information Delayed is Justice Denied: Lengthy Procedures Deny the Right to Access Information
Gözde Böcü

Faisal Kamal
New Dynamics in Judiciary-Executive Friction: Evidence from National Media Coverage in Bangladesh and Turkey
Michal Tamir

Ariel Bendor
Panel #138Current status and future of EMU and EBU in a constitutional dimensionChair: Deirdre CurtinNo room assigned yet
Paper Title
Luca De Lucia

Paola Chirulli
Administrative means of review of European Supervisory Authorities and ECB decisions: a comparative analysis
Takis Tridimas

Napoleon Xanthoulis
Judicial responses to crises measures: A post-crisis assessment
Matthias Goldmann
Separation of Powers in the Banking Union
Diane Fromage
The ECB's accountability to national and European parliaments today
Panel #139Discretion at Work - Quality of Law-making & Migration Policy II: Case StudiesChair: Mauro ZamboniNo room assigned yet
Paper Title
Elena Prats
Does Discretion in Citizenship by Investment Programs Affect the Quality of Legislation?
Mauro Zamboni
Enrica Rigo
The Design of Jurisdiction in Asylum Proceedings. Reflections on the Italian Case
Rebecca Thorburn Stern
This is Very Urgent Indeed’: How the 2015 ‘Refugee Crisis’ Justified Departing From Established Processes of Law-making
Tesseltje de Lange

Pedro de Sena
Your income is too high, your income is too low: Discretion at work in labour migration law and policy in Macau and the Netherlands
Panel #140Accountability and Review in Administrative and Constitutional LawChair: Leah Angela RobisNo room assigned yet
Paper Title
Julio Rios-Figueroa

An Informational Theory of Constitutional Review. Evidence From Constitutional Jurisprudence on Internal Armed Conflict
Marcelo Labanca Corrêa de Araújo
Constitutional Courts, descentralization and democracy: a research on the participation of subnational entities and the opening of judicial review
leah angela robis
Judges as Administrators (Defining Institutional Judicial Accountability)
Jihyun Kwon
Overlapping Oversight and Arrested Accountability: Coordination among Adversaries through Judicial Reviews of Administrative Police Oversight
Pasquale Pantalone

Giulia Schneider
The Algorithmic Governance of Administrative Decision-Making: Towards an Integrated European Framework for Public Accountability
Philip Joseph
Unreasonableness and the Shifting Language of Judicial Review
Panel #141Managing interface conflicts: entangled legalities beyond the stateChair: Nico KrischNo room assigned yet
Paper Title
Hannah Birkenkoetter
Conflict managers or avoiders? The role of global courts in entangling normative orders
Nico Krisch
Entangled Legalities: Interface Law in the Global Order
Francesco Corradini
Legal interactions in the global governance of international finance
Lucy Lu Reimers
New Forms of Normative Relationing in a Pluralist Legal Order: Interface Interactions in the Area of Corporate Social Responsibility
Panel #142Democracy after GlobalizationChair: Elisabetta MorlinoNo room assigned yet
Paper Title
Emilia Korkea-aho
“In through the back door”: Empirical findings on third countries as EU environmental legislators
Michael Krakat
Citizenship by investment naturalization and the globalization of Citizenship Law
Muzhen Sun

Binbin Liu

Yi Zhu

Democracy: The Balance of Globalization and Nation-State
Elisabetta Morlino
Democratization by international organizations: EU and Romania
Carola Glinski
Dilemmas and Limits for Constitutional Courts to Defend Democracy in an Era of Deep Globalisation
Angela Costaldello

João Pedro Ruppert Krubniki
The rise of global governance and liquid authority: new challenges for Public Law from a Brazilian historical perspective
Panel #143Infrastructures as Regulation (InfraReg): Transnational Legal Technologies and the Ordering Power of Physical, Informational, and Digital InfrastructuresChair: Gráinne de BúrcaNo room assigned yet
Paper Title
Shitong Qiao
Infrastructure Institutions: Democracy, Dictatorship, and Corporation
Thomas Streinz
The Ordering Power of Digital Infrastructures and Their Legal Regulation
Benedict Kingsbury
Transnational Legal Technologies Regulating Infrastructures-as-Regulation
Panel #144The Rule of Law and Non-Democratic RegimesChair: Cora ChanNo room assigned yet
Paper Title
Ruiyi Li
Can Constitutional rights be Justiciable in China?
Nicholas Barber
Julius Yam
Judicial Independence in Hong Kong from a Hybrid Regime Perspective
Ewan Smith
The Expanding Symmetry of the Rule of Law
Jeff King
The Rule of Law, State Protection, and Authoritarianism
Panel #145Criminal Law in ContextChair: Fergal DavisNo room assigned yet
Paper Title
Li Li
Admissibility of Evidence Obtained through Mutual Assistance in Criminal Matters between Mainland China and Hong Kong: Inter-Regional Conflicts of Law
Denis Binder
The Application of Criminal Law in Disasters and Tragedies in the Asian Countries
Rong Hu
The Balance of the Criminal Investigation and Privacy Protection in using LBS data
Peng Han
The changes of criminal law and collective consciousness in contemporary China: A Durkheimian approach
Klemen Jaklic

Masa Setnikar
The Place of Liberty: Staying the Sentence of Imprisonment in a Comparative Constitutional Perspective
Fergal Davis
The Special Criminal Court: Hollowing out the Right to Trial by Jury in Ireland
Panel #146Social Rights in Context IChair: Miriam AllenaNo room assigned yet
Paper Title
Angel Aday Aleman
Building the Fourth Pillar: Towards a Socially Secure Europe
Juan Mecinas

José Martínez

Victoria Alsina
Exploring State transformation to guarantee citizens fundamental rights and security
Anne-Marlen Engler
German refugee accommodation between social welfare and privatization: The role of security companies is German emergency shelters.
Miriam Allena

Non Conviction Based Confiscation Against Corruption and Human Rights: the European Public Law Perspective
Sanjay Jain
Right to Education of Person with Disabilities at crossroads : Inclusive versus Special education
Panel #147Refugees and Migrants in Public LawChair: Jo ShawNo room assigned yet
Paper Title
Vivianne Yen-ching Weng
Between Human Trafficking and Illegal Migrants: In Search of an Effective Legal Protection for Fishermen Recruited Overseas Aboard Taiwanese Fishing Fleets
Cristiano D´Orsi
Could security and democracy in Africa being challenged criminalizing migrants?
Amalia Sofia
From migrant to commodities: international human rights protection and the growing privatisation of migration management
Ruvi Ziegler
No vote= no voice? Political Rights of ‘Aliens’ under the ECHR
Ana Pereira

POLITICAL RIGHTS AND MIGRATION POLICIES: “Right to vote, and right to be voted”
Barbara Boschetti
The procedural side of migration in the EU. Building up democratic (and economic) resiliency through administrative flexibility
Panel #148Comparing In(Equalities)Chair: Tammy Harel Ben-ShaharNo room assigned yet
Paper Title
Cheoljoon Chang
Change of the Mandatary Retirement Age Based on the Constitutional Equal Protection
Angioletta Sperti
Constitutional courts, new claims of equality and the evolution of traditional standards of review
Bryan Dennis Tiojanco
Integrated Diversity: A Pluralist Constitutional Framework
Joseph MARKO
Multiple Diversity Governance through Law and Politics
Tammy Harel Ben-Shahar
Student Ability, Tracking and Discrimination
Charles-Maxime Panaccio
Substantive Inequality and Discrimination as the Irrational Distribution of a Benefit: A Rehabilitation
Meital Pinto
Why and When Irrational and Arbitrary Distinctions are Discrimination
Panel #149Constitutional Courts and 'Foreign' JudgingChair: David LawNo room assigned yet
Paper Title
Anna Dziedzic
Foreign judges on constitutional courts: Global insights from Pacific experience
Vicki Jackson

Rosalind Dixon
Hybrid Constitutional Courts: Foreign Judges on National Constitutional Courts
Gabrielle Appleby

Suzanne Le Mire

Andrew Lynch

Brian Opeskin
Temporary Judicial Officers: Best Practice in Comparative Perspective
Alex Schwartz
The Promise and Perils of Foreign Judges on Constitutional Courts
Panel #150Constitutionalism and its Multiple DimensionsChair: Eugenie MerieauNo room assigned yet
Paper Title
Eduardo Moreira
Constitutional Philisophy as a new subject
Guilherme Moraes
Constitutionalism beyond Borders: persuasive use of foreign jurisprudence by constitutional courts
constantinos kombos
Shades of Constitutions and Constitutionalism as a 3-Dimensional Concept: National, Post-National and Co-owned Elements
Theunis Roux
The risk of neo-formalism in empirical constitutional studies
Yu-Yin Tu
The Study on Indigenous People's Right to Participate or Consent
Eugenie Merieau
The Theory of the Dual State Revisited : Dual Constitutionalism in Thailand, Turkey and Pakistan
Panel #151Democracy and Constitutional IdentityChair: Dana BurchardtNo room assigned yet
Paper Title
Democratic Identity, institutional inadequacies and the Political
Hsiu-Yu Fan
From “Our Constitution”, “Our People”, to “Our Justices”: Constructing A Non-Citizen “People”
Pasquale Viola

Domenico Amirante
State structure and governance: multi-identity democracies and conflicts resolution in India and Nepal
Johanna Hase
The Enigmatic Notion of Constitutional Identity
Dana Burchardt
Transplanting Identity Language – The Migration of “Constitutional Identity” in European Constitutional Law
Parallel Panels Session VIWednesday June 27 2018 10.45 AM - 12.15 PM
Panel #152Constitutional Democracy in Crisis IIIChair: Mark GraberNo room assigned yet
Paper Title
Gabor Halmai
A Coup Against Constitutional Democracy: The Case of Hungary
Roberto Niembro

Ana Micaela Alterio
Constitutional Culture and Democracy in Mexico: A Critical View of the 100-Year-Old Mexican Constitution
David Law

Constitutional Politics in East Asia
Michael Pal

The Democratic Resilience of the Canadian Constitution
Panel #153Comparative Executive Power and GovernanceChair: Roxan VenterNo room assigned yet
Paper Title
Roxan Venter
“Uneasy lies the head that wears the crown”: when national executives are under siege – a South African perspective
Oren Tamir
Governing By Chief Executives
Lorne Neudorf
Lawmaking in 21st Century Canada: Executive Power and the Search for Accountability
Piotr Mikuli
Strengthening the Role of the Minister of Justice in the New Statutes Concerning Courts in Poland
Shubhankar Dam
Temptations of Executive Power: Repromulgation of Ordinances in India
Panel #154Public Law and ReligionChair: Ayesha WijayalathNo room assigned yet
Paper Title
Ayesha Wijayalath
Constitutional contestation of religion in Sri Lanka
Kevin Vance
Each Conscience A Law Unto Itself? Religious Accommodation in the U.S. and Germany
Andrea Gatti
Political Islamist Associations and Protection of the Liberal-Democratic Constitutional Order
Benjamin Joshua Ong
Religious Identities and the Right to Religious Profession in Indian, Malaysian, and Singaporean Law
Netta Barak-Corren
Social Impact Discrimination: the religious response to the liberal challenge
Stefano Civitarese Matteucci
Western Values and Liberty of Religion. A matter of dual loyalty?
Panel #155The History and Future of International LawChair: Giulia RaimondoNo room assigned yet
Paper Title
Tamar Hostovsky-Brandes
International Law in Domestic Courts in an Era of Populism
Evan Criddle

Evan Fox-Decent
Mandatory Multilateralism
Niamh Kinchin
Reflecting Modern Realities: From Implied Powers to Implied Obligations
Giulia Raimondo
Securing the European Space through Technocratic Borders: What Role for International Responsibility?
Bijun XU
The First Sino-Japonese War and The Inter-Temporal Rule
Panel #156The relationship between law, regulation and justice in BrexitChair: Mara MalagodiNo room assigned yet
Paper Title
Nora Honkala
Brexit, Migration and Politics of Fear
Luke McDonagh
From ‘Old Wounds’ to Constitutional Uncertainty – Addressing the Impact of Brexit on Northern Ireland
Adrienne Yong
Human rights protection as justice in post-Brexit Britain
David Mangan
The Common Law’s Challenge: Employment Law & Brexit
Elaine Fahey

Tawhida Ahmed
Panel #157Public Law in the Digital AgeChair: Angela DalyNo room assigned yet
Paper Title
Angela Daly
Data and fundamental rights
Robert Rybski

Jan Podkowik
European constitutional courts towards data retention laws
David Fennelly
Fundamental Rights and Security in the Digital Era – the Case of Data Retention
Bernard Keenan
Pre-legislative authorisation of interception of communication – a genealogy of the warrant
Arianna Vedaschi
Privacy, Data Protection and National Security: The EU-Canada PNR Agreement Before the CJEU
Mário Barata
Secret Service Access to Metadata in Portugal: The Making of a Constitutional Trilogy?
Panel #158Law and PoliticsChair: Aradhya SethiyaNo room assigned yet
Paper Title
Yan-Ho Lai
Depoliticising Contentious Politics by Law: A critical evaluation of legal politics in Post-colonial Hong Kong
Octaviano Arruda
Friend and Enemy Revised: Derrida and The Politics of Friendship
Legal Profession in the Waning and Ebbing of Liberal Politics: Clashing Rule of Law Ideals in Taiwan and Hong Kong
Jennifer Duxbury
See and Avoid: exploring the role of lawyers who advise government in difficult politics
Yu-Jie Chen
The Party and the Law: China’s Legalization of Party Punishment
Aradhya Sethiya
Where's the Party?: Democracy and Political Parties in Indian Constitutionalism
Panel #159Courts as Democracy Builders in Comparative PerspectiveChair: Wen-Chen ChangNo room assigned yet
Paper Title
Tom Ginsburg

Wen-Chen Chang
Samuel Issacharoff
Courts and the Populist Moment
Po Jen Yap
Courts as Democracy Builders in Asia
James Fowkes
Judicial contributions to democratization: cases from post-war Africa
Swati Jhaveri
Reconstitutionalizing Politics in the Hong Kong Special Administrative Region of China
Stephen Gardbaum
What role for constitutional courts in protecting democracy?
Panel #160The Right to Health and a Healthy EnvironmentChair: Monica De AngelisNo room assigned yet
Paper Title
Miluše Kindlová

Ondřej Preuss
Conscientious Objection in the Context of Compulsory Vaccination (and Beyond)
Nathalie Sato
International Economic Agreements and Public Health Policies: Mercosur Countries’ experience with Tobacco Control
Chen Xi
The Adaptation and Development of China Emission Trading System: Legal Transplants as a Bridge
Ricardo Pereira

Alberto Quintavalla
The nexus between ‘energy security’‘ and ‘ecological security’: the case for an integrated policy framework for effective mitigation and adaptation to climate change
Monica De Angelis
The relationship between rules and technologies in a modern healthcare system
Scilla Vernile
The risks of “securitization” of climate change
Panel #161Federalism: Retrenchment, Progress and Community in an Age of Trump and BrexitChair: Grainne de BúrcaNo room assigned yet
Paper Title
Paul Craig
Brexit: Paradoxes of Community and Sovereignty 
Christopher McCrudden
Brexit’s Effect on State Architecture: Subsidiarity, Devolution, Federalism and Independence
Vicki Jackson
Interpretive Federalism
Catherine Powell
We the People: These United Divided States
Panel #162Engendering Constitutional DemocracyChair: Mary Anne CaseNo room assigned yet
Paper Title
Violeta Canaves
CEDAW incorporation and federalism: the role of subnational conflict for the strengthening of women's rights through an abortion case in Argentina
Geoffrey Yeung
From Gender Recognition to Transgender Discrimination – Addressing Essentialism and Assimilationism in the Law
Luke Beck
How Different are Male and Female Judges in Australia? A Time Series Analysis
Lidia Balogh
The European Parliament’s affair with the #MeToo movement
Mary Anne Case
Trans Formations in the Worldwide War on “Gender” Ideology
Panel #163Controversies in Judicial DecisionmakingChair: Violeta BesirevicNo room assigned yet
Paper Title
Violeta Besirevic
Deterrence or Deference? The Constitutional Court under the Rise of Populism in Serbia
Amnon Reichman
Due Process Under Extreme Conditions: Burdens, Deference and the Judicial Function
Elena Chachko
Foreign Affairs in Court: Lessons from CJEU Targeted Sanctions Jurisprudence
Frédéric Bouhon
How do judges manage risks for life?
Eduardo Moreira
The role of constitutional courts in examinating presidentual appintments.
Panel #164The Jurisdiction of Constitutional CourtsChair: Carissima MathenNo room assigned yet
Paper Title
Gonzalo Villalta Puig
A Comparative Study of the Preliminary Reference Procedure under the Hong Kong Basic Law and the Treaty on the Functioning of the European Union
Michael Gilbert

Mauricio Guim
Active Virtues: Case Attraction in Constitutional Courts
Carissima Mathen
Courts without Cases: The Law and Politics of Advisory Opinions “Actors, Advice and Law”
Joao Archegas
Deserted Plenary: individual powers in the Brazilian Supreme Court and contemporary constitutional theory
Marco Antonio Da Costa
New Instruments of Judicial Activism and Their Impact on Public Policies
Panel #165National (In)Security?Chair: Karin LoevyNo room assigned yet
Paper Title
Robert Zbíral
Gun Control, Security, National Identity: The Story of Fighting EU Law by Introducing “Right to Bear Arms” into Czech Constitutional Order
Karin Loevy
Limited “Spheres” vs. Limited “Capacities”: Judicial Institutional Identity in Emergency and Security Cases
Rebecca Ananian-Welsh
National Security and Human Rights in the Courtroom
Caroline Gloeckle
National Security Concerns in Trade Disputes: An Analysis of Art. XXI (b) (iii) GATT
Nino Guruli
Rule of Law and Democratic Legitimacy: Legislative Engagement in National Security
Craig Martin
The Royal Prerogative and Legal Constraints on the Use of Force: Brining Canada Into Line
Panel #166New Frontiers in Constitutional RightsChair: Dana PugachNo room assigned yet
Paper Title
Eva Maria Belser
Accommodating Compound Peoples – Wedding Votes and Bargains
Zhuqing Hou
Informed Consent Rule in Suborbital Flights: in the context of the European Convention of Human Rights (ECHR)
Alina Cherviatsova
Regulated Memories: Memorial Laws, Memory Wars and Freedom of Speech
Emilio Meyer
The Ethics of Judicial Profession in Brazil: Governing Adjudication Through Human Rights
Dana Pugach

Michal Tamir
The Right to Violate Victims’ Rights – A Constitutional Review
Judit Sandor
Transnational Surrogacy: When the Domestic Law is Not Enough
Panel #167The Constitutional Theory of Human RightsChair: Karine MillaireNo room assigned yet
Paper Title
Mikolaj Barczentewicz
Bringing Rigour to Fundamental Rights and Principles Reasoning
Sanjay Jain
Reconstructing Constitutional theory of Right to life with special reference to Constitution of India
Jorge Contesse
Settling Human Rights Violations
Christopher Roberts
The Systemic Approach to Human Rights
Karine Millaire
The waiver of human rights as a new constitutional paradigm
Panel #168Majoritarian Politics in Public LawChair: Nadja Lirio do Valle Marques da Silva Hime MassetNo room assigned yet
Paper Title
Cristóbal Caviedes
Foundations of Majority Rule and its Application to Constitutional Courts
Magdalena Correa
How democratic is democracy? A question from the case of the popular consultations in Colombia.
Stefanus Hendrianto

Liberal Constitutionalism and the New Global Populism: A Legal-Philosophical Investigation
Nadja Lirio do Valle Marques da Silva Hime Masset
New technologies as an instrument for citizen engagement and enforcing the participatory dimension of the democratic principle
Donal Coffey
Parliamentary Supremacy in the Commonwealth: Dominions and the struggle for legislative autonomy
Henrique Caldas

Fábio Muniz

Rafael Perri
The Struggles of Majoritarian Democracy: An Incipient Latin American Trend Towards the Development of Dialogic Democracy
Panel #169Challenges in Constitutional DemocracyChair: Fernanda FarinaNo room assigned yet
Paper Title
Carlos Ignacio Giuffré
A Dialogic Approach to the Place of Judges in Democracy
Anat Scolnicov
Corporations are people too? – on the status of non-human legal persons in public law
Alica Mohnert
Gremlins in the Electronic Voting Machine: For a Right to Vote Analogously
Fernanda Farina

Danilo Alves
Shades of Intimacy: Exploring Lobby Regulation in Developing Countries
Pierre Notermans
The concept of democracy in the jurisprudence of the European Court of Human Rights (ECHR)
Hendrik Lubbe
The lack of political will to institute post-TRC prosecutions in South Africa: A threat to democracy and challenge for public law?
Panel #170Public Law and the World of CourtsChair: Susana Ruiz-Tarrias2nd Chair: Diletta TegaNo room assigned yet
Paper Title
Agne Andrijauskaite
Good governance through the prism of the European Court of Human Rights
Rodrigo Camarena
Militarization by Infra-constitutional Means: How the Mexican Supreme Court Paved the way for the Ley de Seguridad Interior and How It Should Invalidate It
Radek Píša
Saved by the Court?
Susana Ruiz-Tarrias

Manuel Bonachela-Mesas
Spanish Constitutional Court As Guardian of the Constitution
Massimo Fichera
Transnational Law and the European Courts
Panel #171Problems in Constitutional TheoryChair: Hannele Isola-MiettinenNo room assigned yet
Paper Title
Roni Mann
Can a Right Decision Ever be Premature? A Non-Ideal Approach
Hector Morales
Constitutional Intent and Reflexive Identity
Rehan Abeyratne
Displacing Private Law: The Growing Dominance of Public Law in South Asia
Xiaobo Zhai
Hart, Bentham, and Constitutionalism
Hannele Isola-Miettinen
Post-Legsilative Doctrine In Public Law
Rostam J. Neuwirth
Public Law in the Time of Oxymora
Panel #172Social Rights in Context IIChair: Flavia Santiago LimaNo room assigned yet
Paper Title
Bruck Teshome
Human Rights, Identity and the Common Good: Revisiting the Right to Development in the Uncertain Context of the Future of Work
Dragica Vujadinovic
Neoliberal and Welfare Interpretation of Social Development and Global Crisis
Flavia Santiago Lima
Who will protect social rights in times of economic crisis? Exploring the legal parameters of judicial intervention in Brazilian public policies
Tu Nguyen
Workplace (in)justice, law and labour resistance in Vietnam
Panel #173Constitutional Courts, Values and a Global Canon?Chair: Mattias KummNo room assigned yet
Paper Title
Mattias Kumm
Canon construction and global constitutionalism: The normative challenge
Sujit Choudhry
Canon construction as an interpretive exercise: A critical perspective
Jiri Priban
Constitutional Values as Legitimation Formulas: a systems theoretical critique
Michaela Hailbronner
Constructing the Global Constitutional Canon: Authority and Criticism in Comparative Constitutional Law
Vilija Vėlyvytė
The ‘Multilogue’ Among National Courts in the Context of European Integration
Panel #174Secession and Subnational IdentityChair: Amanda Cats-BarilNo room assigned yet
Paper Title
Timothy Waters
Implementing a Right of Secession: Constitutional and International Legal Strategies
Amanda Cats-Baril
In the Name of Social Harmony: Ethnic Dominance, Rights Limitations and Pluri-nationalism in South Asia
James Grant
Is There a Right to Secession?
Rivka Weill
Secession and the Prevalence of Militant Constitutionalism Worldwide
Vito Breda
Substate Identity-based constitutional claims: Negotiation, Rejection, and Confrontation
Enyeribe Oguh
The Right of Secession in International Law Reconsidered
Panel #175Parliamentary Control of Executive Power: Tracing the Gaps of InformationChair: Davor Jancic No room assigned yet
Paper Title
Nicola Lupo

Luca Bartolucci
National parliaments and information asymmetries in the European Semester
Diane Fromage
Parliamentary access to information in two different yet similar domains: Economic and security governance compared
Elena Griglio
Parliamentary control of Europol: challenges of collective access to information
Vigjilenca Abazi
Parliamentary oversight between security exceptions and executive confidentiality
Panel #176Unconstitutional Constitutional Amendments in Comparative PerspectiveChair: Silvia SuteuNo room assigned yet
Paper Title
Richard Albert
Alternatives to the Invalidation of Constitutional Amendments
Yaniv Roznai

Silvia Suteu

Swati Jhaveri

Khemthong Tonsakulrungruang
Sacred Space: Thailand’s Constitution Unamendability
Hoong Phun Lee
The Malaysian Case of Seminyeh: Challenging the Validity of Constitutional Amendments
Mark Tushnet
Unconstitutional Constitutional Amendments and Constitutional Replacements
Panel #177Democracy and the Gendered FamilyChair: Puja KapaiNo room assigned yet
Paper Title
Antonia Barradas
Comment on Democracy and the Gendered Family
Julie Suk
Feminism and Family Leave
Marco Wan
Gay Visibility and the Family
Edward Stein
Panel #178New Approaches in Quantitative Constitutional StudiesChair: Alex SchwartzNo room assigned yet
Paper Title
Alex Schwartz
An Agent-Based Model of Judicial Strategy
Ryan Whalen
Constitutional Amendment Versus Constitutional Change: An Empirical Comparison
Lindsay Stirton
Studying Judicial Disagreement The Case of the Judges on the UK’s Highest Court
Plenary Panel IIIWednesday June 27 2018 12.30 PM - 1.45 PMUniversity of Hong Kong, Faculty of Law
Technology and Public LawChair: Associate Professor Cora Chan, The University of Hong Kong
Professor Christopher Yoo
University of Pennsylvania
Professor Karen Yeung
University of Birmingham

Professor Frank Pasquale
University of Maryland

End of the ConferenceWednesday June 27 2018 1.45 PM - 2.00 PMUniversity of Hong Kong, Faculty of Law
Closing RemarksChair: Associate Professor Cora Chan, The University of Hong Kong
Professor Rosalind Dixon, University of New South Wales

Professor Lorenzo Casini, IMT School for Advanced Studies, Lucca

Incoming Co-Presidents, ICON-S