Contemporary constitutionalism

This research area investigates the application of professional historiography methods to improve the critical use of history in comparative constitutional studies. It addresses the challenges posed by incomplete or simplified historical accounts and evaluates the possibilities and constraints of applying historical narratives to contemporary constitutional issues. The emphasis is on methodological integration to bolster historical literacy and accuracy within constitutional scholarship.

This thematic focus explores the compatibility and conflicts between republican political theory, democratic practices, and constitutional frameworks—especially regarding the legitimacy and role of written constitutions and judicial review. It interrogates the republican emphasis on non-domination and political equality, assessing whether legal constitutions and judicial review serve or undermine republican democratic ends. This theme engages political constitutionalism debates and evaluates actual democratic systems' alignment with republican goals.

This theme analyzes two core liberal concepts of constitutional legitimacy: representational legitimacy grounded in reflecting the people's identity or consent, and reason-based legitimacy founded on constitutional provisions' justice or correctness. It studies the distinctions between constitutions that primarily express the people's will and those justified by their rational-ethical content. The inquiry further examines the effects of these differing legitimacy foundations on processes of constitutional drafting, amendment, and public acceptance.

This research area examines the application and reconceptualization of constitutionalism outside traditional nation-state boundaries, focusing notably on the European Union. It investigates legal cultural perspectivism, the translation of constitutional concepts from national to supranational levels, and the tensions arising from overlapping constitutional orders. The discussions emphasize the difficulties of imposing state-centric constitutional categories on transnational entities and call for a nuanced understanding of constitutional pluralism and multi-layer constitutional governance.

This theme explores the ‘counterpopular dilemma’ arising from non-accountable judicial power over democratic processes, especially electoral law. It analyzes judicial oversight’s impact on democratic autonomy and rule of law neutrality, focusing on the delicate balance courts must maintain when shaping electoral procedures. The scholarship contends with the tension between judicial restraint and activism, and the philosophical underpinnings of liberty as interpreted through constitutional courts’ intervention in democratic self-governance.

This theme investigates the epistemological foundations of constitutionalism informed by subjectivist philosophy, particularly as articulated by James Buchanan and elaborated upon by Giuseppe Eusepi. It scrutinizes how radical subjectivism concerning preferences, interests, and values challenges conventional normative claims in constitutional economics and theory. The focus lies on tracing constraints subjectivism imposes on positive and normative constitutional claims and exploring their implications for contractarian constitutionalism’s legitimacy and practical application.

This research theme examines constitutional law adaptations addressing digital-age challenges, particularly in the context of India. It considers how advances in big data, AI, and digital platforms necessitate evolving regulatory frameworks balancing innovation, privacy, national security, and human rights. The focus lies on constitutional interpretations emphasizing privacy rights, data protection, and governance mechanisms that reflect participatory and equitable digital citizenship within constitutional democracies.

This theme investigates constitutional identity challenges faced by states navigating sovereignty, ethnic divisions, and external pressures post-independence or post-conflict. The focus is on constitutional name changes, identity redefinitions, and external conditionalities affecting constitutional authority and legitimacy, with implications on international law, national sovereignty, and societal cohesion.

This theme addresses constitutional flux in the UK, including the effects of coalition government conventions, parliamentary sovereignty’s evolving interpretation, devolution, human rights incorporation, judicial reforms, and tensions between executive action and rights protections. It interrogates normative and technical dimensions of parliamentary sovereignty and judicial review within the UK's hybrid constitutional framework.