The External Dimensions of Constitutions

Constitutional law is mainly about regulating the relationship between the state and its citizens. Its focus is primarily, if not exclusively, on setting up a system of government, defining and limiting government powers, and protecting the rights of citizens. Yet, constitutional law also regulates the interface between the state and the world outside. Constitutions commonly determine boundary questions such as citizenship, immigration, or constitutional limitations to state action whose cause or effect takes place beyond the state’s borders. Constitutions (directly or indirectly through domestic laws and doctrines) also define the state’s relationships with foreign legal systems (specifically the status of public international law and the state’s extra-territorial jurisdiction to prescribe, enforce and adjudicate). Naturally, the regulation of these and other boundary questions impacts foreigners. Hence questions arise as to whether national constitutions take account of their impact on strangers, whether they should do so, and if so, how do they accommodate their concerns.

Our conference seeks to address this last set of questions. We aim to explore the extent to which constitutional law requires that public and/or private actors take into account the interests of strangers (that is, non-citizens in foreign countries, or those seeking admission). Our project is both normative and descriptive. As a normative matter, we will address the extent to which constitutions should address or accommodate the rights of those non-citizens. As a descriptive matter, we seek to map the way that constitutional law in different countries takes account of the interest of strangers outside or inside the state. Possible contributions can examine constitutional provisions that define the rights of refugees and other migrants to asylum; the right to citizenship; doctrines of extra-territorial application that define the authority and limits to the exercise of public authority beyond borders; or provisions that grant foreigners within the state’s territory certain rights, require public authorities to take their interests into account, or allow them to participate in domestic public fora for public deliberations (legislative, administrative and judicial).

Further information:  ExternalDimensions.pdf [237 KB]

Conference programme: EDC_programme.pdf [300 KB]

A limited number of spaces is available to those interested in attending. To register your interest in the conference, please contact Karen Fachechi.

GlobalTrust

Sovereigns as Trustees of Humanity

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