Constructing the Global Constitutional Canon: Authority and Criticism in Comparative Constitutional Law

With the surge of right-wing populism in many parts of Europe and the United States, the prospects of democratic constitutionalism appear once again at risk today. Yet, in spite or perhaps because of it, comparative constitutional law is doing well. With our success, new challenges and questions have arisen. As a discipline, we must debate where to go from here and how comparative constitutional law can contribute to addressing the challenges we confront today. Crises are often productive moments – and thus it is important, in spite of our current sense of urgency, to pause a moment to reflect our own foundations and normative commitments to make sure the castles we build today are not of sand. A good way to addressing these question is to engage with the idea of a canon in comparative constitutional law. What, if any canonical texts are there perhaps already in our field, do we need a canon or are canons an outdated concept – and if so, what do mean by that.