Archives: Events

Kai Möller: Beyond reasonableness

In the last decades, legal theorists have argued that proportionality and a culture of justification are at the core of fundamental rights. In this talk, Kai Möller seeks to show this view unduly downplays the most important values on which fundamental rights are grounded, dignity, freedom, and equality

Beyond Reasonableness: The Dignitarian Structure of Human and Constitutional Rights
KAI MÖLLER
London School of Economics
22 de maio, 10h00
Largo de São Francisco, 95. Main building, auditório Rubino de Oliveira

Matthias Klatt: The use of foreign precedent

Reference to past decisions is a kind of standard argument in courts, and not just in common law jurisdictions. Nonetheless, things get trickier if a foreign court handed the past decision. Antonin Scalia, of the U.S. Supreme Court, said that the use of foreign precedent was antidemocratic and illegitimate. In his talk, Mathias Klatt seeks to: (1) show that the use of foreign precedent creates a dilemma for courts; (2) compare that dilemma with others with which we are most familiar, in argumentation, general and legal; and (3) discuss how the use of foreign precedent can be justified. In short, Klatt aims to show, among other things, why Scalia was wrong and, in doing that, provide a defense of foreign precedent as an unimpeachable kind of legal argument.

The Use of Foreign Precedent
MATTHIAS KLATT
Graz University
April 26, 10 am
Largo de São Francisco, 95. Main building, auditório Rubino de Oliveira

Martin Borowski: Proportionality, necessity, and balancing

Proportionality and balancing have become commonplace in constitutional adjudication across the globe, including in Brazil. Yet proportionality and balancing are not synonyms; the former includes tests which are often ignored by lawyers and judges. One such test is necessity. Few know the proportionality debate as well as Martin Borowski, chair in public law at the University of Heidelberg, Germany. We are happy to welcome him to our International Dialogues in Constitutional Law series at the Faculty of Law, University of São Paulo.

Proportionality, necessity, and balancing
MARTIN BOROWSKI
University of Heidelberg, Germany
26 September 2022, 1o:00 AM
Largo de São Francisco, 95 – Rubino de Oliveira hall – first floor of the historical building

Niels Petersen: Is proportionality an instrument of judicial activism?

The relationship between proportionality test and judicial activism is the source of fierce disputes in the constitutional literature. On 2 September we will receive professor Niels Petersen in our series International Dialogues in Constitutional Law. Petersen is professor at the University of Münster, Germany, and the author of Proportionality and Judicial Activism, published by Cambridge University Press. In his book, Petersen analyses the case-law of the constitutional courts of Germany, Canada, and South Africa, aiming at delivering answers based on empirical data.

Is proportionality an instrument of judicial activism?
NIELS PETERSEN
University of Münster, Germany
2 September, 1o:00 AM
Largo de São Francisco, 95 – Rubino de Oliveira Auditorium – first floor of the historical building

Ran Hirschl, Constitutionalism and the megacity

Event on constitutionalism and megacities, promoted by the Brazilian chapter of the ICON-S. Ran Hirschl (University of Toronto), will present his new book, published by the Oxford University Press. Estefânia Barboza and Virgílio Afonso da Silva will be the discussants. Friday, Oct 30th, 10:30 (GMT -3).