Chairs
Uwe Kischel kischel@uni-greifswald.de
Iris Nguyên Duy iris.nguyen-duy@uia.no

This workshop seeks to explore whether and to what extent constitutional law is capable of preserving democratic rule. The question has gained prominence in recent years with the supposition of a growing tendency towards democratic backsliding in certain states. It is intertwined with many factual and value-laden assumptions as well as legal presuppositions, none of which need to be taken for granted and most of which are mired in political and ideological debates.

Many answers will depend on which concept of democracy is used, for instance whether it places central importance on majority rule or relies more on outcomes, or whether it is designed to be counterbalanced by human rights and rule of law or to encompass these ideas. Much will also depend on whether and why democratic backsliding is considered to be a threat, or whether and to what extent it covers the battle between different political opinions within a democracy, or how it relates to authoritarianism and possible manipulations of public opinion.

A central part of the workshop will likely be the concrete possibilities and limits of constitutional law safeguards for democracy. Many of these safeguards will, to some extent, limit popular sovereignty, requiring a delicate balance between goals and means, or they may produce the unwanted effect of hampering necessary changes after challenges to democracy have been overcome. Safeguards that might be analyzed, individually or in their interaction, include such diverse aspects as voting procedures, parliamentary procedures, the judiciary, constitutional amendments, or fighting disinformation and political polarization.

Other takes on the topic of this workshop may include reports on the situation in a specific country or specific cases studies. Papers may take a comparative law point of view that contrasts the situation and solutions in different countries, or that emphasizes the influence of different national attitudes or cultures. Interdisciplinary or theoretical approaches are equally welcome.

Participants are eagerly invited to contribute to a critical analysis of all these and any other related questions from any point of view.