Chairs
Elena Simina simina-elena.tanasescu@drept.unibuc.ro
Han Dayuan handayuan@263.net

Peace is a universal aspiration of humanity and a fundamental principle enshrined in the United Nations Charter and referred to in many Constitutions. Following World War II, nations collectively committed to establishing a global order rooted in peace, with many embedding provisions in their Constitutions to uphold peace as a fundamental societal value. Nowadays, peace is addressing one of the arduous issues ofnumerous democracies all across the globe, namely societal cleavage and political polarization. Therefore, the constitutional concept of peace includes not only the international public law commitment to non-aggression, but also the domestic meaning of peace within the state, social peace amongst – or sometimes even despite – the social and cultural diversity of contemporary states.

Thus, some Constitutions seek to protect the concept of peace by simply rejecting war as an instrument of aggression against the freedom of other peoples, while others take into account peace as the main vocation of their State. In Europe several Constitutions declare their intent to participate in various forms of international cooperation in order to protect peace and human rights. Most often, preambles of Constitutions consider peace as a major goal of the community of people reunited within the state or refer to peace as a tool meant to heal historical divisions and reconcile populations after armed conflicts.

At the same time, the constitutional concept of peace may entail an entirely different meaning and address domestic outcomes such as social cohesion and the necessary prevention of social conflicts or “civic/social peace”. Social peace and conflict resolution may even involve the interpretation of vaguely determined provisions in the Constitution itself in a manner that allows a legal system devoid of contradictions and ensures balance among constitutional values. It also entails the appeasement of state authorities and political actors, and the constant mediation between state power and civil society.

Achieving and sustaining peace requires forging consensus through constitutional frameworks, resolving historical disputes through peaceful negotiations, and utilizing constitutional principles to maintain societal harmony. Participants in the workshop are invited to address any of the manifold aspects of the theme of peace at the intersection with the concept of constitutionalism, including peace as a constitutional right (the right to peace).