JSI Roundtable: The Migration of Proportionality across the World
30 August 2013
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This discussion explores the migration of proportionality across practices of adjudication of human and constitutional rights with the aim of illuminating an answer to the question whether that migration is justified. It will begin with a presentation by Dr Bernal-Pulido, which proceeds in an introduction and two parts. The introduction explains the main concerns arising from the migration of proportionality. The first part accounts for the spread of proportionality across the world. On the basis of an analysis of the particular reasons behind those migrations, the second part argues for a justification common to them, namely, that proportionality is normatively necessary for the adjudication of constitutional rights. Professor Alec Stone Sweet will then respond. The session will conclude with an open discussion.
About the speakers
Dr Carlos Bernal-Pulido is a Senior Lecturer at Macquarie Law School. He has research interests in the fields of jurisprudence, comparative constitutional law and constitutional theory. He has published widely in all these fields in seven different languages. His qualifications include a LLB from the Universidad Externado of Colombia (Bogota) (1996), a SJD from the University of Salamanca (Spain) (2001) and a MA (2008) and a PhD in Philosophy (2011) from the University of Florida (U.S.A). He is currently writing a book on proportionality and socio-economic constitutional rights.
Professor Alec Stone-Sweet works in the fields of comparative and international politics, comparative and international law, and European integration. His most recent book is A Europe of Rights: The Impact of the ECHR on National Legal Systems (2008). Other books include The Birth of Judicial Politics in France (1992), European Integration and Supranational Governance (1998), Governing with Judges (2000), The Institutionalization of Europe (2001), The Politics of Delegation (2002), On Law, Politics, and Judicialization (2003), and The Judicial Construction of Europe (2004). Prior to coming to Yale, he was Official Fellow, Nuffield College, Oxford, and has held visiting professorships in universities in Aix-en-Provence, Florence, Madrid, Paris, Stockholm, and Vienna. He is presently engaged in a long-term project on the development of (private, a-national) systems of governance for transnational business.
Lawyers/barristers: attendance at this seminar is equal to2 MCLE/CPD units.
Location: Faculty Common Room, Level 4, New Law Building (F10) University of Sydney (Camperdown Campus)
Cost: Free, registration essential
Contact: Law Events
Phone: (02) 9351 0323