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Sustainable constitutionalism has a double meaning. On the one hand, it refers to constitutionalism's potential to foster sustainable societies and democracies, particularly in addressing environmental challenges. On the other hand, it portrays the capacity of constitutionalism to maintain its core values related to human rights, the rule of law, and democracy, in the face of unprecedented social, economic, technological, political, philosophical and climate changes, as well as in contexts of armed conflict and their aftermath. Constitutional sustainability is a play on words that illustrates all these dynamics as it highlights a crisis of constitutionalism but, at the same time, highlights how it can be maintained, and how to make it resilient and able to coexist in "new ecosystems”.

Answers for a changing world refers to current and forthcoming crossroads in constitutionalism. On the one hand, the main values of constitutionalism (human rights, democracy and the rule of law) have spread globally. Convergences occur at many levels: between constitutional law and international law; between national and regional courts; and the collaboration of government and private actors in realising human rights.  On the other hand, the original idea of constitutionalism is not necessarily self-evident or absolute anymore. First, democracy has been challenged vehemently all over the world. Second, the role of the courts has been weakened by some authoritarian/populist governments, and some courts themselves have taken a more moderate role as defenders of the constitution. Last but not least, constitutionalism faces unprecedented challenges in the XXI century: climate change, epidemics, poverty, excessive concentration of wealth and economic power, armed and social conflicts, and artificial intelligence bring about serious threats to democracy, rule of law, human rights, and the very existence of human as well as non-human species. This shed light on the actual need for interdisciplinary answers to real threats.

We need to ask whether the constitution is part of the solution or part of the problem. It is time to explore the achievement and limits of constitutionalism outside the traditional sphere of constitutional studies. Multi- and interdisciplinary methodologies are essential to approach complicated and multifaceted questions of climate change, globalization and evolving technology (such as AI), among others. We should revisit and reconstruct basic concepts, ideas and theories of constitutionalism thoroughly and exhaustively (beyond the dichotomy of global South and North) through interdisciplinary dialogue and cooperation between constitutional studies and other academic studies to seek sustainable constitutionalism and answers for a changing world.

Academic institutions and professional organizations can support and incentivize interdisciplinary research collaborations between constitutional law scholars and practitioners across various disciplines, fostering innovation and cross-pollination of ideas.

We also need to reflect on methodological approaches to constitutional law, on the importance of facts, social actors, political situations, and markets, in constitutional interpretation, and the opportunity to reinforce (or criticize) alternative approaches to it such as legal ethnology and anthropology or legal geography. Dialogue, collaboration, and knowledge exchange among scholars, practitioners, and experts from diverse academic backgrounds, ultimately contribute to more holistic and effective approaches to addressing complex societal challenges through constitutional law.

The four plenary sessions of the Congress will address the following topics:

  1. Democracy: growth, backsliding, repair and revival
  2. Rule of law: courts as defenders or reformers of constitutionalism
  3. Human rights in reality: access and implementation
  4. Human duties in the human-centred world: constitutionalism and private actors

1 Democracy: growth, backsliding, repair and revival

During the last decades, pessimism has led scholars and practitioners to pose profound questions on liberal democracy as it undergoes a crisis worldwide (hence terms such as “democratic erosion”, “backsliding”, “illiberal democracies”). Still, in recent years, there have also been optimistic developments. Brazil, the largest state in South America -  the continent where the IACL WC will be held – has seen a peaceful and democratic removal of a leader who posed a serious threat to Brazilian democracy. Similar developments have taken place in Poland and other states. In Guatemala, after tough institutional resistance, the winner of the presidential election Bernardo Arévalo took power in January 2024. The conditions for “democratic repair” (which emphasizes short- to medium-term constitutional reforms) and “democratic revival” (which highlights long-term remedies to various democratic deficits) are fertile ground for constitutional discussions related to institutional design for fostering sustainable constitutionalism.

2 Rule of law: courts as defenders or reformers of constitutionalism

Debates on sustainable constitutions reactivate debates on the role of courts in democratic systems. However, courts may receive criticism, for example, that they are a counter-majoritarian power, which tries to solve political problems without any political legitimacy. Most constitutional courts are in constant interaction with other types of courts such as international human rights courts, arbitration panels, the International Court of Justice and the International Criminal Court. Apex courts with the cooperation of the international/regional courts have made significant contributions to the development of the rule of law over the past three decades. In parallel, some courts face challenges in maintaining judicial independence, upholding democratic values, and ensuring effective enforcement of their decisions. Addressing these challenges will be crucial for safeguarding the rule of law and promoting justice and accountability in the years to come.

3 Human rights in reality: access and implementation

While domestic and international human rights law and institutions have made important strides in promoting and protecting human rights after World War II, they continue to face challenges in ensuring state compliance, addressing backlashes against human rights, securing adequate resources, enforcing judgments, and addressing emerging human rights issues. Moreover, crises such as pandemics, financial emergencies, armed conflicts, climate change and the increasing power of AI, create additional challenges to the enjoyment of human rights.

Armed conflicts and post-conflict situations are also challenges that must be reflected upon from the standpoint of constitutional law. The armed conflict between Russia and Ukraine, and the war between Israel and Hamas, to mention just two examples, forces questions regarding the role of constitutional law and its relationship with international law. What role can constitutional and international law play for facilitating and promoting reconstruction and reconciliation processes where the rights of victims are guaranteed, the reintegration of ex-combatants is managed, and an adequate transition process is ensured.

4 Human Duties in the Human-centred World: Constitutionalism and Private Actors

Constitutionalism has been built around two axes: Controlling power and ensuring the rights and freedoms of the people. Traditionally the constitution has been understood as a law that obligates only the state. However, today, at the most critical moment of the Anthropocene, this premise needs to be critically examined.

In reality, it is not only the power of the state that needs to be controlled and kept in check, but also the power of the international financial system, transnational enterprises, and individuals. Courts increasingly understand constitutions as creating obligations for private actors (horizontal effect). Some national governments legislate to oblige domestic and transnational companies to respect human rights according to the UN Guiding Principles on Business and Human Rights. In both its meanings, sustainable constitutionalism needs to address private entities, and may need to consider human duties in addition to rights.