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

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Purpose of the group

This Group provides a unique opportunity to convene scholars working on different fields and areas of law to create novel and illuminating intersections for understanding how the multifaceted and complex phenomena of race, ethnicity and identity are conceptualized and operationalized. The challenge and goal is to bridge and cross-fertilize discourses and narratives on race (in the US), ethnicity (in various jurisdictions), the continental European framework of (collective claim-based) national minority rights, and the conceptual and policy toolkit of aboriginal/indigenous law – along the assessment of how substantive or procedural law encapsulates identity (claims, disclosures or validations.)

Scholarship on a wide variety of issues is discussed under the auspices of the RG: scrutinizing existing legal definitions for race, ethnicity, nationality or even religion in ethno-racial census categories, the definitions used for national minorities or indigenous/aboriginal groups and castes, as well as enumerated racial or ethnic groups for anti-discrimination, hate crime legislation, affirmative action, and other forms of preferential treatment, as well as the assessment of policies on the political participation of minorities, minority policies in the fields of education and employment, naturalization policies, just as the question of how family law introduces and operationalizes racial or ethno-religious identity in creating separate clusters for jurisdiction and substantive law.

Questions may either concern the groups or affiliation criteria, and include discussions on whether hate crimes are “minority-”, or ”identity protection” instruments, or how “particular social group” is operationalized in refugee law. Discussions may include the “return of biology” in the post-Human Genome Project-era: that is how the concept of race is operationalized by genetically informed accounts of difference in the biomedical field of marketing race-specific drugs, in law enforcement by forensic DNA phenotyping, commercial ancestry tests, or assisted reproductive technologies to establish genetic ethnicity in litigation and policy making. etc.

In all areas the scrutiny of conceptualization may include definitions, classification, registration and targeting policies. Inquiries may also include defining the titular (ethno-)national majority in various forms of “constitutional nationalism” and constitutional identities, or how the “agency” of the respective communities is factored into legislation or policy-making. Discussions may include the investigation of box-ticking, racial fraud, ethnocorruption, or simply the process and ethics of creating legislative frameworks for national minorities by delineating deserving and non-deserving groups and creating “hierachies of ethnicity”, or how race/ethnicity is rendered invisible in failing to prosecute hate crimes or combating systematic or institutional discrimination.

Current members:

  • Alon Harel, Professor, Hebrew University of Jerusalem, Israel
  • Anatoija Petricusic, Assistant professor, Faculty of Law, University of Zagreb, Croatia
  • Anna Sledzisnka-Simon, Assistant Professor of Constitutional Law, University of Wrocław, Poland
  • Annelies Verstichel, Ministry of Foreign Affairs, Belgium
  • Asa Solway, Lecturer, Berkeley Law, University of California, USA/Senior Legal Adviser for the OSCE High Commissioner on National Minorities
  • Balázs Vizi, Associate Professor, National University for Public Service, Hungary
  • Carola Linguaas, Associate Professor, VID Scientific University, Oslo, Norway
  • Christian Joppke, Professor in Sociology, Executive Director Institut für Soziologie, University of Bern, Switzerland
  • Christopher McCrudden, Professor of Human Rights and Equality Law, Queen's University Belfast, UK/  William W Cook Global Law Professor, University of Michigan Law School, USA
  • Claude Cahn, Human Rights Adviser, Office of the United Nations High Commissioner for Human Rights (OHCHR)
  • Derya Bayir, Queen Mary University, UK
  • Didier Bigo, Professor, King's College London Department of War Studies, UK/MCU Research Professor, Sciences-Po Paris, France
  • Elspeth Guild, Jean Monnet Professor ad personam at Queen Mary, University of London, UK/Radboud University Nijmegen, The Netherlands
  • Florian Bieber, Professor in South East European Studies, Director, Center for South East European Studies, University of Graz, Austria
  • Eva Sobotka, EU Fundamental Rights Agency
  • Herbert Küpper, Professor, Institut für Ostrecht München, Germany
  • János Fiala-Butora, Max Weber Fellow, European University Institute, Florence, Italy
  • Jennifer Schweppe,  Lecturer in law, University of Limerick, Ireland
  • Joseph Marko, Professor of comparative public law and political sciences, University of Graz, Austria
  • Joshua Costellino, Professor of Law, Dean School of Law & Business School, Middlesex University, London, UK
  • Julie Ringelheim, Professor of international human rights law and sociology of law, Université Catholique de Louvain, Belgium
  • Kendall Thomas, Nash Professor of Law, co-founder and director, Center for the Study of Law and Culture, Columbia Law School, USA
  • Lilla Farkas, Doctoral Candidate, European University Institute, Florence
  • Mathias Möschel, Associate Professor, Central European University, Hungary-Austria
  • Michel Rosenfeld, Cardozo Law School, USA
  • Peter Vermeersch, Professor of politics, University of Leuven, Belgium
  • Prakash A Shah, Reader in Culture and Law, Queen Mary University School of Law, UK
  • Rita Izsák-Ndiaye, Independent Expert on minority issues by the Human Rights Council, UN
  • Robert Dunbar, Professor, Celtic and Scottish Studies, University of Edinburgh, UK
  • Robert Phillipson, Professor Emeritus, Copenhagen Business School, Denmark
  • Rogers Brubaker, Professor of Sociology, UCLA Foundation Chair, University of California, Los Angeles, USA
  • Sergio Carrera, Honorary Industry Professor, Queen Mary University of London, UK Senior Research Fellow and Head of Justice and Home Affairs Programme, Center for Policy Studies, Brussels, Belgium
  • Susan Divald, Doctoral Candidate, University of Oxford, UK
  • Szabolcs Pogonyi, Associate Professor, Central European University, Hungary-Austria
  • Tamar Hostovsky Brandes, Ono Academic College Faculty of Law, Israel
  • Tamas Korhecz, Judge, Constitutional Constitutional Court/Professor, Novi Sad Faculty for Legal and Business studies „Lazar Vrkatic", Serbia
  • Timofey Agarin, Lecturer , Queen’s University, Belfast, UK
  • Tove Hansen Malloy, Director, European Centre for Minority Issues, Germany
  • Tove Skutnabb-Kangas, University of Roskilde, Denmark/Abo Akademy, Finland
  • Wendy O’Brien, Senior Lecturer in Criminology, Deakin University , Melbourne, Australia
  • Will Kymlicka, Canada Research Chair in Political Philosophy, Queen's University Kingston, Canada
  • Yossi Harpaz, Assistant Professor of Sociology at Tel-Aviv University, Israel
  • Zoran Oklopcic, Associate Professor, Department of Law and Legal Studies, Carleton University, Canada
  • Zuzana Ilyova, Assistant Professor, Comenius University, Bratislava, Slovakia,
  • Zsolt Körtvélyesi, Junior Research Fellow, Hungarian Academy of Sciences, Hungary
  • Zsuzsa Csergő, Associate Professor of Political Studies at Queen's University, Canada

Co-ordinator and contact details:

  • Andras L. Pap
    Research Chair, Hungarian Academy of Sciences Institute Centre for Social Sciences Institute for Legal Studies, Budapest, Hungary; Adjunct (Recurrent Visiting) Professor, Nationalism Studies Program, Central European University, Budapest, Hungary-Vienna, Austria; Professor of Law, National University of Public Service, Budapest, Hungary; Associate Professor, Eötvös University, Budapest, Hungary.
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