The paper will claim that the dominance of liberal constitutional analysis in the theorization of global constitutionalism has adverse effects on human rights in semi-liberal constitutional settings. After introducing the conceptual category of semi-liberal constitutionalism the paper will describe the problem of shaping and interpreting normative commitments in a semi-liberal constitutional regime. I will argue that an insufficient awareness to the nature of semi-liberal normativity coupled with the use of open-ended proportionality tests may result in skewed reasoning by both courts and policy makers trying to resolve human rights conflicts in semi-liberal constitutional regimes. The application of liberal rights reasoning in semi-liberal settings neglects the power differentials inherent in such systems and tends to over protect the rights of some at the expense of the rights of others.
Our next Annual Conference will take place from July 6-9, 2021. It will be held in a completely novel way as a fully online Conference: ICON•S Mundo.
The Call for Papers for ICON•S Mundo is available here. Submissions for papers and panels must be made by May 1, 2021.
Log into your ICON•S account and apply for ICON•S Mundo by submitting your proposal.Apply for ICON•S Mundo