ICON S Conference 17 – 19 June 2016 Humboldt University Berlin

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Committee on the Rights of the Child are addressed as well as possible problems arising from borrowing a concept from another treaty system. David Fagelson: Contested Concepts of Personhood in American Public Law My paper examines how evolving concepts of personhood in science, politics, war and even corporate governance have changed the idea of personhood on which legal status and citizenship are based. Some of these shifts, like the creation of ‘enemy combatant’ alter the laws of war, other shifts, like the granting of privileges and immunities to corporations blur the boundaries between persons, citizens and others who are neither. This alters our understanding of who is within law, how they are meant to be regulated, and perhaps most importantly, what this means for our associative obligations to each other. Finally, evolutionary biology challenges our traditional conception of free will and individual responsibility that is at the root of the idea of the person regulated by law. If theories of human cooperation posited by this field are borne out the person we thought was the subject of law will not exist and cannot be accommodated by existing conceptions of law. Pratyush Kumar: Religion influencing Public Sphere, Public Reason and Public Law discourse in Colonial and Post-Colonial India The three strands of political processes in India: (a) religious pluralism and enlightened religion-inspired social reform movements from 19 th century onwards; (b) multiculturalism- and pluralism-informed India’s struggle for independence; (c) and India’s multicultural and plural identities shaping public sphere and public reason, in answering how religion has shaped public reason, public sphere and public law. These three strands of political processes lead to three claims in my project: (1) India has its own form of evolving secularism & the transplantation of western ideas has evidently not worked in tempering and controlling, if not eliminating, the increased communal violence amongst different communities (post India’s colonial contact); (2) Western secularism can’t grasp the religiously informed imagination of the majority in the sense of majority of Indian public and not majority of a particular community and finally, and most emphatically; (3) aspects of public law are shaped by religion. The Indian experience is of increasing relevance for the whole world in how to grapple with the different and difficult fault lines of religious, ethnic and the other dozens of differences which exist. Luke Beck: The Theological History of Australia’s Constitutional Separation of Church and State Provision Section 116 of Australia’s Constitution states “The Commonwealth shall not make any law for establishing any religion, or for imposing any religious observance, or for prohibiting the free exercise of any religion, and no religious test shall be required as a qualification for any office or public trust under the Commonwealth.” Section 116 was adopted by the Constitution’s drafters largely in response to petitioning organized by Seventh Day Adventists. The Adventists were worried that the Convention’s acquiescence to the Protestant Council of Churches’ demand for a reference to God in the constitutional preamble would allow the new Federal Parliament to legislate for religious observances. The Adventists also believed that referring to God in the preamble would create the new Australian nation with a definite religious character. My paper explores the theological and legal thinking of the Adventists to explain how they came to believe what, on a strict legal analysis, was absurd. Concurring panels 178
The ICON S Working Papers Conference Proceedings Series The ICON S WP Conference Proceedings Series features papers presented at the Annual ICON S Conferences. The ICON S WP Conference Proceedings Series features papers presented at the Annual ICON S Conferences. The purpose of publication is to make work accessible to a broader and / or different audience without the usual delay resulting from the more traditional ways of publishing. If you are interested in publishing your conference paper in the ICON S WP Conference Proceedings Series, please check whether your paper meets our guidelines for publication and then send your paper to: → icons @ icon-society.org The Guidelines for publication are available on the Society’s website. Publication as an ICON S Working Paper does not preclude or prejudice subsequent publication in a book or journal. The ISSN is kindly provided by the Institute for Research on Public Administration ( IRPA ). Working Paper Series 179
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ICON S Conference 17 - 19 June 201
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ICON S Conference 17 - 19 June 201
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ICON S Inaugural Governance The In
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Saturday 18 June 2016 Sunday 19 Jun
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EVENTs Plenary PLENARY Events 7
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FRIDAY 17 JUNE 2016 → UL6 Audima
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FRIDAY 17 JUNE 2016 → UL6 Audima
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saturday 18 JUNE 2016 → UL6 Audi
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concurring panels Concurring panels
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Panels Session i FRIDAY, 17 JUNE 20
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p. 61 30 RACIAL OTHERNESS IN EUROPE
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p. 94 57 IRREGULAR IMMIGRANTS ACROS
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p. 127 85 OTHERNESS IN PUBLIC LAW J
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p. 160 112 REFUGEE PRIVILEGE OR HUM
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1 CONSTITUTIONALISM AND CONSTITUTIO
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3 FIGHT OVER THE TURKISH CONSTITUTI
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5 REGIONAL AND CONSTITUTIONAL STRUC
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7 COMPARATIVE PERSPECTIVES ON THE L
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will demonstrate that OTC derivativ
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conditionality is still driven only
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mechanisms and practices of surveil
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on the income and social benefits o
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SATURDAY 18 JUNE 2016 9:00 - 10:45
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17 WOMEN IN THE LAW Panel formed wi
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19 WHO DRAWS THE BOUNDARIES? The Is
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Constitutional Court, which engages
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22 QUESTIONING HIERARCHICAL BOUNDAR
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The paper strives to present the po
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25 BORDERS & POPULATION DESIGN: TES
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versities? Who are the national aut
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28 COLLECTIVE MEMORY AND PUBLIC LAW
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Germans from the East, large guest
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ertheless, the introduction of this
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Orla Lynskey: The free movement of
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35 CONSTITUTIONALISM IN RUSSIA: COM
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are viewed as “other” by one an
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Matej Avbelj: On the Nature of EU C
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Christopher Alexander Thomas: Avoid
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ench. By so doing, the article atte
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SATURDAY 18 JUNE 2016 11:30 am - 1:
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44 CONSTITUTIONAL JURISDICTION, DIA
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Jaclyn Ling Chien Neo: Secular Cons
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47 COMPARING LAW(S) AND INSTITUTION
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49 SUSTAINABLE URBAN DEVELOP- MENT
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Johannes Eichenhofer: An alternativ
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Stephanie Law: The Constitutionalis
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offer an expansive protection of re
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had inherited from its Socialist pa
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Emily Ryo: Developing Legal Cynicis
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59 HUMAN DIGNITY AND “OTHERNESS
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explore the relation between securi
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62 THE NEXT LEGAL FRONTIERS IN EURO
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ies of government to limit and guid
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Jochen von Bernstorff: Ironic Const
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estricted to women, children and fa
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the court characterizes proportiona
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70 CONSTITUTIONAL IDENTITY IN TIMES
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72 DIFFERENCE DISAGREEMENT AND THE
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most important example is the Europ
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Philipp Kastner and Elisabeth Roy T
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Michèle Finck: The Right to the Ci
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small number of Pakistani belies th
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mark in the annals of international
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ing attention in the constitutional
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Page 147 and 148: Zsuzsanna Gedeon: Constitutional co
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Page 159 and 160: 109 THE LAW(S) OF WAR Panel formed
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Page 165 and 166: Clemens Rieder: Boundaries and Soli
Page 167 and 168: 116 THE RIGHT OF NON-CITIZENS TO CO
Page 169 and 170: 118 THE TRANSATLANTIC TRADE AND INV
Page 171 and 172: 120 OTHERNESS IN LATIN AMERICA: LEG
Page 173 and 174: Caitlin Goss: Constitutional drafti
Page 175 and 176: development of the political econom
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Page 183 and 184: Venue The 2016 ICON S Conference on
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Page 195 and 196: Pauline Endres de Oliveira Justus L
Page 197 and 198: Ingrid Leijten Leiden University 1
Page 199 and 200: Tilman Reinhardt Humboldt Universit
Page 201 and 202: Vanessa Wintermantel WZB Berlin Soc
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ICON S Conference 17 – 19 June 2016 Humboldt University Berlin

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