Borrowings of foreign solutions by national courts are often seen as a feature of the so-called 'legal fragmentation', and are therefore analized with great circumspection. Sometimes considered as a problem of coherence for the legal system, or, more vigorously, as an anti-democratic way of judging, this practice has raised questions about public expectations and confidence in the adjudicative systems. My presentation will aim at exploring the link between the concept of trust and the use of comparative arguments in constitutional courts, with illustrations taken from the U.S, south-american and european constitutional courts.
Neoliberalism uses market laws for its intransgressible organization of social life. For this reason, there is no alternative to neoliberal politics, which means that only the free-market and its competitive system can dictate political economy. Nevertheless, the way in which the market controls all areas of life and imposes entrepreneurial behaviour is leading to the disintegration of social solidarity and dismissing all state actions in favour of the regulation of negative externalities.
The aim of this contribution is to analyse how market logic works in a totalitarian way in the ground of neoliberal political practice, mainly by destructing political deliberation through the superiority of private law over public law and how it leads to the discrediting of liberal democracy. We intend to show how social frustrations are being manipulated by populism and how this is giving rise to a new fascism in response to the collapse of democracy generated by neoliberalism’s failures.
The trust, who finds it's origin in the medieval English law, was used in private relations at the beginning, means that a trustee should conserve goods, without appropriate them, for a transmission to future beneficiary. To regards to the actual environmental crisis, the trust is particularly pertinent : different juridical mechanisms enter an intergenerational trust in which present generation should conserve natural resources for future generations, as the example of the Common heritage of mankind. This mechanism tries to establish a cohesive and an equity in the present generation and with the future one, and more generally, to enter a global solidarity, with all the difficulties involved.
By questioning the crisis of pluralism existing within liberal and multicultural democracies, my contribution will aim at examining the legal mechanisms that could be implemented to establish a normative interculturality in public law institutions and values, which represents important political challenges in terms of democratizing access to normative and political institutions.