Constitutionalism, understood as a means of establishing a political autonomous from society, is seen as having constructed the opposition between the State and society. At the same time, the concept of constitutionalism is increasingly being used to describe other forms of social power and normativity – such as the economy, finance, digital, technologies, media, environment – even though the concrete and theoretical implications of these shifts have not always been fully clarified. More recent trends have emerged within the framework of socio-constitutionalism or societal constitutionalism to challenge the reduction of constitutional issues to state-individual relations, acknowledging the complexity of power. Despite their heterogeneity in assumptions, as well as in their descriptive, normative, and theoretical dimensions, these approaches have contributed to renew the inquiry into the relationship between constitution and society. The purpose of the conference is to assess the current boundaries of constitutionalism and to explore theoretical proposals seeking to overcome them. These approaches raise several fundamental questions: What role should be granted to social actors and sectors within constitutionalism? How can their normative autonomy be acknowledged while also regulating their private power and expansionist tendencies? To what extent do these transformations challenge traditional forms of politics? At what cost might the relationship between constitution and society be reconsidered today? 

Programme

29 janvier

  • 9:00  Welcome
  • 9:30-10:00     Introduction: Manon Altwegg-Boussac (Paris-Est Creteil University/IUF) and Sabina Tortorella (MSCA/University of Namur)

From State to Society: New Challenges for Constitutionalism

Chair: Isabelle Aubert (Paris Panthéon-Sorbonne University)

  • 10:00-10:30 Thomas Boccon-Gibod (Grenoble Alpes University): Relationships between Constitution and Society
  • 10:30-11:00 Simone Mao Zhenting (Harvard University): Constitutionalising Society in an Age of Fragmented Authority: From State-Centrism to Social Constitutional Norms
  • 11:00-11:30 Discussion
  • 11:30-12:00 Coffee Break
  • 12:00-12:30 Angelo Jr Golia (Luiss Guido Carli): Societal Constitutionalism and General Theory of Law (beyond the State): Norm, Order, Interpretation
  • 12:30-12:45 Discussion
  • 12:45-14:30 Lunch

Moving Beyond the Nation-State: Theoretical Perspectives

Chair: Eleonora Bottini (Sciences Po)

  • 14:30-15:00 Jean-François Kervégan (Paris Panthéon-Sorbonne University): Politics below and beyond the State: Schmitt and Kojève in Comparative Perspective
  • 15:00-15:30 Paul Linden-Retek (University at Buffalo School of Law): Postnational Society and its Law
  • 15:30-16:00 Discussion
  • 16:00-16:30 Coffee Break

New Conceptual Tools: Alterity and Derogation

Chair: Eleonora Bottini (Sciences Po)

  • 16:30-17:00 Horatia Muir Watt (Sciences Po): On the Borderline (and beyond the State): Ontologizing Alterity on the Terms of the Law
  • 17:00-17:30 Raffaele Bifulco (Luiss Guido Carli): Derogation as Legal Response to Social Differentiation
  • 17:30-18:00 Discussion
  • 18:00  Dinner

30 janvier

  • 9:00 Welcome

Mapping Sectoral Constitutions: Case Studies

Chair: Sabina Tortorella (MSCA/University of Namur)

  • 9:30-10:00     Francesco Martucci (Panthéon-Assas University): Trust and Distrust. State, Society and Money at the Digital Era
  • 10:00-10:30 Nefeli Lefkopoulou (Sciences Po): Exploring Constitutional Narratives in Meta’s Oversight Board: Replicating or Renewing Traditional Constitutionalism?
  • 10:30-11:00 Discussion
  • 11:00-11:30 Coffee Break
  • 11:30-12:00 Manuela Niehaus (University of Administrative Sciences Speyer): Global Climate Constitutionalism beyond the State?
  • 12:00-12:30 Mathilde Laporte (Pau University): The Debated Protection of Constitutional Rights within Social Orders beyond the State. The Example of Gated Communities
  • 12:30-13:00 Discussion
  • 13:00-14:30 Lunch

Critical Insights: Take the Leap?

Chair: Manon Altwegg-Boussac (Paris-Est Creteil University/IUF)

  • 14:30-15:00 Chris Thornhill   (University   of    Birmingham):   The    Military   in   Sociological Constitutionalism
  • 15:00-15:15 Discussion
  • 15:15-15:45 Coffee Break
  • 15:45-16:15 Jörn Reinhardt (Fulda University of Applied Sciences): Regression and Progress in Constitutionalism beyond the State
  • 16:15-16:45 Martin Loughlin (LSE): The Concept of Constitution
  • 16:45-17:15 Discussion
  • 17:15 Cocktail