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Rights Constitutionalism in an Era of Uncertainty: The Reconfiguration of Fundamental Rights in the Face of Global Challenges

Chairs
Amir Al Hasani Maturano – amir.alh@uib.es

Contemporary society is facing profound economic, social, technological, and political transformations. Against this backdrop, recent developments are reshaping the way constitutional principles and values are understood and applied and, more fundamentally, are redefining the concept and scope of fundamental rights as traditionally conceived.

Challenges such as the digital revolution, climate change, growing inequalities, and migration flows, among others, highlight the urgent need to adapt constitutional frameworks to contemporary realities. Consequently, new hermeneutic approaches and constitutional reforms grounded in a holistic and forward-looking vision are required to ensure more effective and adequate protection of fundamental rights. Uncertainty should not undermine the inherent dynamism of rights constitutionalism or its capacity to respond to the needs of each historical moment.

In this context, questions arise regarding the continuing validity, exercise, and effectiveness of fundamental rights as guarantees of human dignity and democratic values. It is therefore necessary to explore alternative approaches and responses, particularly by assessing whether existing understandings and constitutional consensus require reinterpretation or adaptation.

The global impact of these transformations—which extends beyond the boundaries of the state—on the guarantees and configuration of fundamental rights demands rigorous analysis by constitutional scholars. Given the dynamic nature of rights, an important debate concerns their adaptation to new realities and the possible recognition of new rights and legal categories. This includes issues ranging from the promotion of new Bills or Charters of Rights and the evolutionary interpretation of constitutional texts in light of contemporary challenges, to the study of constitutional change and constitutional mutations.

Particular attention will also be devoted to emerging doctrinal and theoretical approaches concerning the limits, guarantees, and protection of fundamental rights.