ICON S Conference 17 – 19 June 2016 Humboldt University Berlin

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It is not only a pleasure and honor to organize this year’s ICON S Conference. It also seems deeply historically appropriate to have it take place in Berlin. In a time of great challenges that deeply implicate public law, there is hardly a better city for one to become aware of the deep connections between law and politics and the complexities and frailties of constitutional progress. Berlin was a relatively liberal Prussian rule of law oriented place, where Voltaire sought refuge as a guest of Frederick the Great in the 18 th century. It is also the place where the idea of a liberal constitutional democracy in a unified Germany was buried after the failed constitutional revolution of 1848. When German unity was finally achieved in 1871 and Berlin became the capital of the new German nation-state, this was brought about by conservative, industrialist and nationalist political forces that had little connection to the constitutionalist tradition, even though it was a time of innovative development for public law as a discipline. After the disaster of World War I, Berlin became the center of avantgarde art, theatre, cinema and literature in the Weimar Republic – the vibrant capital of a frail liberal constitutional democracy, whose mainstream parties would be derided as “system-parties” by the radical right and the radical left and no longer commanded a majority by the early 1930s. Even though the Nazis never won electoral majorities in Berlin, the city became the heart of darkness for twelve years, the center of an evil empire that orchestrated a global war and moved genocidal annihilation to an unprecedented industrial scale. After that nightmare which also led to the destruction of significant parts of the city, Berlin started a new troubled life as ground zero in the Cold War – the nation divided between East and West, with a wall eventually running right through the city. Today Berlin combines a sophisticated culture of commemoration with youthful appeal. It provides a distinctively German interpretation of what it means to be a cosmopolitan European. It remains uncouth and unfinished, so very unlike Paris. And unlike London, New York, Singapore or Hong Kong, it lacks the presence of a globalized bourgeoisie. But it provides Germans, Europeans and other citizens of the world with an unrivalled context for reflections on depravity, tragedy, redemption and the possibility of progress. Mattias Kumm ( WZB Berlin Social Science Center / Humboldt University Berlin / New York University ) Local host Welcome statements 2
ICON S Inaugural Governance The Inaugural Executive Committee The Inaugural Society’s Council De Búrca, Gráinne (Co-President) Hirschl, Ran (Co-President) Casini, Lorenzo (Secretary General) Cassese, Sabino (Honorary President) Golden, Claudia (Treasurer) Choudhry, Sujit Jia, Bing Bing Mancini, Susanna Okowa, Phoebe Rosenfeld, Michel Rubio-Marín, Ruth Ruiz Fabri, Hélène van Aaken, Anne Weiler, Joseph H. H. Albert, Richard Amato, Giuliano Auby, Jean-Bernard Baer, Susanne Barnes, Javier Benvenisti, Eyal Boisson de Chazournes, Laurence Bonilla Maldonado, Daniel Eduardo Cameron, David Cartabia, Marta Chang, Wen-Chen Cohen-Eliya, Moshe Craig, Paul D’Alberti, Marco Davies, Anne De Wet, Erika Díez-Picazo, Luis Elkins, Zachary Ferreres Comella, Víctor Gaeta, Paola Ginsburg, Tom Gonod, Pascale Jacobsohn, Gary J. Kingsbury, Benedict Koenig, Matthias Krisch, Nico Kumm, Mattias Loughlin, Martin Lübbe-Wolff, Gertrude Maduro, Miguel Poiares Malaret i Garcia, Elisenda Mehta, Pratap Bhanu Micklitz, Hans-Wolfgang Möllers, Christoph Napolitano, Giulio Peters, Anne Ponthoreau, Marie-Claire Ruffert, Matthias Sadurski, Wojciech Shany, Yuval Sieder, Rachel Siegel, Reva Smith, Rogers Stewart, Richard B. Tomkins, Adam Torchia, Luisa Uitz, Renáta von Bogdandy, Armin ICON S 3
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Page 7 and 8: Saturday 18 June 2016 Sunday 19 Jun
Page 9 and 10: EVENTs Plenary PLENARY Events 7
Page 11 and 12: FRIDAY 17 JUNE 2016 → UL6 Audima
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Page 15 and 16: saturday 18 JUNE 2016 → UL6 Audi
Page 17 and 18: concurring panels Concurring panels
Page 19 and 20: Panels Session i FRIDAY, 17 JUNE 20
Page 21 and 22: p. 61 30 RACIAL OTHERNESS IN EUROPE
Page 23 and 24: p. 94 57 IRREGULAR IMMIGRANTS ACROS
Page 25 and 26: p. 127 85 OTHERNESS IN PUBLIC LAW J
Page 27 and 28: p. 160 112 REFUGEE PRIVILEGE OR HUM
Page 29 and 30: 1 CONSTITUTIONALISM AND CONSTITUTIO
Page 31 and 32: 3 FIGHT OVER THE TURKISH CONSTITUTI
Page 33 and 34: 5 REGIONAL AND CONSTITUTIONAL STRUC
Page 35 and 36: 7 COMPARATIVE PERSPECTIVES ON THE L
Page 37 and 38: will demonstrate that OTC derivativ
Page 39 and 40: conditionality is still driven only
Page 41 and 42: mechanisms and practices of surveil
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Page 45 and 46: SATURDAY 18 JUNE 2016 9:00 - 10:45
Page 47 and 48: 17 WOMEN IN THE LAW Panel formed wi
Page 49 and 50: 19 WHO DRAWS THE BOUNDARIES? The Is
Page 51 and 52: Constitutional Court, which engages
Page 53 and 54: 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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sity of private enforcement mechani
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Federico Caporale: Water Grabbing:
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88 THE INCLUSION OF “THE OTHER”
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ment’s purpose in enacting partic
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91 THE INTERNATIONAL RULE OF LAW -
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93 JUDICIAL DIVERSITY: A COMPARATIV
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95 LAW(S) OF REFUGEES II Panel form
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are at stake, administrative courts
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SUNDAY 19 JUNE 2016 9:00 - 10:45 am
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Zsuzsanna Gedeon: Constitutional co
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101 THE BLURRED BORDERS BETWEEN PUB
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contractual governance, this can ha
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104 RETHINKING SOCIAL INCLUSION WIT
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making, appearing to accord the pol
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is ambiguous. Some argue that globa
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109 THE LAW(S) OF WAR Panel formed
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in cars in order to generate unreal
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lum fit uneasily with the transnati
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Clemens Rieder: Boundaries and Soli
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116 THE RIGHT OF NON-CITIZENS TO CO
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118 THE TRANSATLANTIC TRADE AND INV
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120 OTHERNESS IN LATIN AMERICA: LEG
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Caitlin Goss: Constitutional drafti
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development of the political econom
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policy and legal framework around d
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Third, since the EU and the US have
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The ICON S Working Papers Conferenc
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Venue The 2016 ICON S Conference on
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Venues UL6 Unter den Linden 6 Main
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UL6 Unter den Linden 6 Main Buildin
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UL9 Unter den Linden 9 Law Faculty
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Floor 4 1.405 1.404 1.403 1.402 Flo
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A David Abraham University of Miami
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Pauline Endres de Oliveira Justus L
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Ingrid Leijten Leiden University 1
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Tilman Reinhardt Humboldt Universit
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Vanessa Wintermantel WZB Berlin Soc
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With the collaboration of Funded by
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ICON S Conference 17 – 19 June 2016 Humboldt University Berlin

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