IACL-AIDC.ORG

The International Association of Constitutional Law || l'Association Internationale de Droit Constitutionnel

Membership and Exclusion Under Constitutions

Details

Purpose and Focus

The constitutional identity of a ‘people’ within a nation state can be affected by legal categories of membership and exclusion, as understood and applied by institutional actors: judicial, legislative and/or executive and others. Those categories may be informed by cultural norms, global developments and historical compromises. This research group provides a network for scholars exploring the ways in which constitutions can and do perform the role of defining community.

Our IACL-AIDC research group commenced activities in 2019 and it has a legal focus, although one that is consistent with an interest in how constitutional law is situated in relation to, and works with, other disciplines and sub-disciplines within and outside law. We welcome researchers with an interest in how constitutional law coexists with other systems of law and knowledge and how questions of membership and exclusion are or are not allocated as constitutional questions. 
Research issues fitting within this group include (but are not limited to):

  • Foundational questions of whether constitutions identify constitutional community – and if so, how? Should constitutions play a role in identifying the constitutional community – why/why not?
  • The institutional context and location of power concerning inclusion and exclusion (citizenship, migration, national identity).
  • The role of supranational integration in redrawing both the lines and meaning of constitutional belonging.
  • The impact of membership of more than one nation state (for example through dual/multiple nationality) on concepts of constitutional identity.
  • The potential disjuncture between formal inclusion/exclusion and substantive dis/connection to a nation-state.
  • The relationship between legal status and formal inclusion or community membership and access to substantive rights including residence and political rights.

Our research group is open to scholars focusing on these issues from the perspective of a particular state (or sub-national level of governance) or set of states; from a comparative perspective, across time or space; or from philosophical, theoretical or doctrinal perspectives.
The purposes of the research group include:

  1. Providing networking opportunities for scholars in the field
  2. Mentoring junior scholars
  3. Creating opportunities to workshop works in progress
  4. Developing scholarship for publication and dissemination

Convenors

From 2021 the Group will be convened by Patricia Mindus and Reuven (Ruvi) Ziegler.

  • Ruvi Ziegler is an Associate Professor in International Refugee Law, University of Reading (UK). His CV can be found here.
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Former convenors:

Assoc Prof Elisa Arcioni & Assoc Prof Amelia Simpson (co-convenors 2019-2020)

Past events

The group commenced its activities in 2019, following the successful workshop on membership and exclusion issues at the 2018 Xth World Congress of Constitutional Law in Seoul.
A quarterly e-newsletter is prepared and circulated by the group’s co-conveners, incorporating:

  • Details of events being organised by members, other events of interest;
  • Publications by members/of interest to the group; and
  • Brief reports of the research work and activity of individual members/groups.

Upcoming events

In June 2019 the group will host an IACL-AIDC Blog Symposium featuring the work of group members Justice Carlos Bernal, Valentina Carlino, Karen Kong, Rayner Thwaites, Ruvi Ziegler, and co-conveners Elisa Arcioni and Amelia Simpson.
Planning is underway for a two-day workshop in December 2019 in Sydney, Australia, at which research group members will be able to present and discuss work on topics of mutual interest. We are aiming to make this an annual event, held alternately in northern and southern hemispheres, with the 2020 event currently being planned for the UK. 
Looking further forward, a core event for the research group is intended to be the convening of a workshop at future IACL-AICL World Congress events, the next one being the XIth World Congress in South Africa in 2022.
Members are encouraged to organise events.

Members (in alphabetical order, current May 2019)

  • Associate Professor Elisa Arcioni, University of Sydney Law School, Australia,
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  • Professor Bev Baines, Queen’s Law, Canada
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  • Ms Achas Burin, Balliol College, Oxford, UK
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  • Valentina Carlino, Department of Legal Sciences, University of Siena, Italy,
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  • So Young Chang, GIGA German Institute of Global and Area Studies, Germany
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  • Ms Kuan-Wei Chen, Ludwig-Maximilians-Universität München, Germany
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  • Professor Tímea Drinóczi Faculty of Law, University of Pécs, Hungary
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  • Giacomo Delledonne, Sant’Anna Legal Studies, Pisa, Italy
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  • Professor Zachary Elkins, School of Government, University of Texas at Austin
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  • Professor Michelle Foster, Melbourne Law School, Australia,
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  • Professor Peter Gerangelos, Sydney Law School, Australia
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  • Dr Alexandra Grey, Sydney Law School, Australia
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  • Dr Jeffrey Gordon, Sydney Law School, Australia
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  • Professor Helen Irving, Sydney Law School, Australia
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  • Professor Dora Kostakopoulou, Warwick University, England
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  • Professor Helle Krunke, University of Copenhagen, Denmark
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  • Rafael Macia, Center for Constitutional Democracy, Indiana University Maurer School of Law, USA
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  • Dr Giammaria Milani, University of Siena, Italy
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  • Associate Professor Patricia Mindus, Philosophy Department, Uppsala University, Sweden
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  • Associate Professor Vrinda Narain, Faculty of Law, McGill University, Canada
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  • Dr Rowan Nicholson, Sydney Law School, Australia
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  • Associate Professor Zoran Oklopcic, Carleton, Canada
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  • Dr Octaviano Padovese, Hamburg Universität and IDP-SP, Germany
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  • Dr Sangeetha Pillai, Andrew and Renata Kaldor Centre for International Refugee Law, UNSW, Australia
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  • Dorota Pudzianowska, University of Warsaw, Poland
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  • Francesca Raimondo, Bologna, Italy
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  • Dr Julia Sardelić, School of History, Philosophy, Political Science & International Relations, Victoria University of Wellington, New Zealand
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  • Professor Wojciech Sadurski, Sydney Law School, Australia
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  • Prof Jo Shaw, Edinburgh, Scotland
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  • Associate Professor Amelia Simpson, Law School, Australian National University
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  • Tolga Sirin, Marmara University, Turkey
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  • Shreeya Smith, UNSW, Australia
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  • Dr Francesca Strumia, University of Sheffield School of Law, UK
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  • Ms Milka Sormunen, University of Helsinki, Finland
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  • Dr Rayner Thwaites, University of Sydney Law School, Australia
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  • Mag. Antonia Wagner, Department of Constitutional and Administrative Law, Faculty of Law, University of Vienna, Austria,
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  • Dr Murray Wesson, Law School, University of Western Australia
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  • Associate Professor Reuven (Ruvi) Ziegler, School of Law, University of Reading, UK
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  • Associate Professor Matthew Zagor, Law School, Australian National University
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Please contact the convenors for further information, to receive the group’s e-newsletter, become involved in the group or to engage in discussions of mutual interest.