Call For Papers

Constitutional History: Comparative Perspectives

Chicago, Illinois

April 29 & 30, 2019

An international conference sponsored by:

• University of Illinois College of Law
• University of Bologna School of Law
• Johns Hopkins Center for Constitutional Studies too Democratic Development

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Paper proposals are invited for the Fourth Illinois-Bologna conference on Constitutional History: Comparative Perspectives. The conference volition go held inwards Chicago on Apr 29 & 30, 2019.

The conference keynote speaker volition go Justice Grant Huscroft of the Court of Appeal for Ontario (Canada).

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Accompanying the spread of constitutional authorities roughly the the world has been a profound involvement inwards the comparative aspects of constitutional law. Scholars get got catalogued the differing features of national constitutions too examined how dissimilar constitutional systems resolve mutual legal issues. So, too, judges faced with legal questions get got sought guidance inwards the decisions of constitutional courts of other nations. While comparative constitutional constabulary is thence a well-established field, less attending has been paid so far to the comparative dimensions of constitutional history. This international conference serial aims to address that shortcoming past times energizing the report too analysis of constitutional history from comparative perspectives. It provides a forum for presentation too intelligence of electrical flow enquiry on issues of constitutional history that crosses national boundaries. It also convey together scholars who, at present, are working on constitutional histories of unmarried jurisdictions—with the expectation that conversations with these scholars volition permit for sharing of methodologies too indicate also to fresh areas of enquiry that may top national boundaries.

For 2019, the focus of the conference is on Uses of History inwards Constitutional Adjudication. 

We thence welcome papers that shed lite on the myriad ways inwards which courts roughly the the world brand utilisation of—or ignore—history equally they larn almost deciding cases too the implications too effects of such efforts.

In some nations, the historical pregnant of a constitutional provision plays an of import operate inwards how courts translate that provision too so resolve questions of constitutional law. In other nations, historical pregnant has relatively footling relevance to adjudicating contemporary disputes. Influenza A virus subtype H5N1 nation’s history tin also furnish background themes—whether acknowledged or not—that shape how courts approach too situate cases too how they conceive of the operate they themselves play inwards the constitutional system. Historical legacies mightiness furnish justification for 1 final result over some other or boundary the options available to a court. Courts mightiness themselves play a operate inwards shaping historical retentiveness past times providing inwards the course of report of resolving disputes their ain reflections upon a nation’s past. Judicial opinions mightiness fifty-fifty go a context for airing of disagreements over the historical tape or its lessons. Sometimes courts mightiness determine cases inwards a means that suggests ignorance of a historical tradition. This mightiness go deliberate: mayhap no institutional instrumentalist wants to dredge upward the past. Uses of history inwards constitutional adjudication also enhance questions of methodology, including the capacity of courts to behave historical enquiry too analysis too variations inwards that regard across national systems. There are also issues of legitimacy: for instance, which kinds of uses of history are defensible inwards a constitutional regime? And which kinds of history? And when mightiness invocation of history generate world back upward or opposition? Assessments of electrical flow practices, especially from a comparative perspective, tin generate lessons for the futurity practices of courts—whether longstanding or newly-established—as they adjudicate constitutional cases. These are with the topics papers for the conference could usefully address.  

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Scholars interested inwards presenting a newspaper at the conference should starting fourth dimension electronic mail a championship too summary of the proposed newspaper along with a CV to Professor Jason Mazzone at mazzonej[@]illinois.edu. There is no intelligence boundary for the proposals but proposals inwards the arrive at of 500-1,000 words are typical. Proposals received past times Dec 15, 2018 volition have priority. After that date, submitted proposals volition go considered if infinite remains.

For those whose abstracts are accepted, draft papers volition go due for circulation 3 weeks prior to the conference.

Subject to the commons requirements of peer review, papers from the conference volition go published equally a unmarried book past times Brill. Authors who select an invitation to introduce a newspaper at the conference must concord to get got the newspaper included inwards the published volume. Additional data almost length too formatting requirements for the concluding versions of the papers volition go provided to authors.

Conference participants are responsible for their ain locomote too accommodation expenses.