Chairs
José María Sauca josemaria.sauca@uc3m.es

The Theory of the State stood as a classic discipline from the latter half of the nineteenth century until the closing decades of the twentieth century, and not merely within the Continental legal tradition. Prior to what has been termed the third wave of democratisation, the Theory of the State already exhibited signs of waning interest; nowadays, it occupies a secondary—if not marginal—position within the curricula of its traditional domain and in the research areas relevant to its subject matter. We believe that current developments compel us to reconsider its relevance and, where appropriate, to evaluate the conditions for its possible rehabilitation.

From a political standpoint, globalisation appears to be a phenomenon in open crisis, whilst illiberal democracies are increasingly asserting their presence on the international political stage. From a legal standpoint, the paradigms of state independence and sovereignty have been called into question by forms of multi-level governance that remain far from enjoying established theoretical support. Likewise, the classic notions of the rule of law, separation of powers, constitutional review, and the development of fundamental rights have transformed the traditional features of these foundational concepts.

Finally, from a methodological standpoint, calls for interdisciplinary approaches have become overwhelmingly prevalent. Perhaps the Theory of the State could provide a space for collaboration among constitutional scholars, legal philosophers, political theorists, international law scholars, and historians of law and of legal and political ideas.

In light of the foregoing, we propose to undertake a collective reflection that will allow us to assess the desirability and potential utility of rehabilitating this traditional disciplinary field and, where appropriate, to evaluate the new perspectives that might inform its future development.