Presentation by Tom Gerald Daly, 22 April 2014

On Tuesday 22 April at 3.00pm in the Ken Mason Suite (Old College) Tom Gerald Daly, Ph.D, Edinburgh Law School, spoke on

‘Democratisation Jurisprudence:
Sketching the Contours of a Fledgling Concept’

Abstract: Although constitutional courts have been key components in post-war democratisation processes across the globe, especially those of the worldwide ‘third wave of democratisation’ from 1974 onward, to date there has been no attempt to conceptualise precisely the role of these courts in the democratisation process. Literature on constitutional adjudication in new democracies tends to be produced within the conceptual and theoretical frameworks elaborated to analyse courts in the long-established democracies of the Global North, and has tended to focus on a small cohort of atypical courts (e.g., those of Hungary and South Africa), with the result that our understanding is incomplete. The concept of ‘democratisation jurisprudence’, drawing on key insights across a range of scholarship, aims to provide a framework for better understanding the role of constitutional courts in the construction of a democratic constitutional order; as both engines of, and subjects of, democratisation.

Chair and Discussant: Silvia Suteu

Presentation by Roberto Gargarella, 1 April 2014

On Tuesday 1 April at 3.00pm in the Ken Mason Suite (Old College), the CLDG held a joint event with the Global Justice Academy at the University of Edinburgh, which kindly sponsored the event.

Prof Roberto Gargarella, Universidad Torcuato di Tella, and Visiting Professor, UCL, spoke on

‘Dialogic Constitutionalism and the System of Checks and Balances:
Emerging Problems’

The talk was based on a paper, circulated in advance, in which Prof. Gargarella uses a number of Latin American cases in order to illustrate a number of problems of constitutional theory and practice raised by the new form of dialogic constitutionalism, or New Commonwealth Model of Constitutionalism, which appear to have the capacity to challenge traditional ideas and assumptions concerning the system of separation of powers, the organization of checks and balances, and more particularly judicial review.

Chair: Tom Gerald Daly