Tuesday November 17th, 2015 at 6pm at the Simone Weil Amphitheater.
Johan Van der Walt joined the University of Luxembourg in August 2011. Before moving to Luxembourg he held chairs at the Universities of Glasgow (2007-2011) and Johannesburg (1996-2006). He also holds and extraordinary professorship at the Universities of Pretoria (2009-). His fields of specialisation are Philosophy of Law, Legal Theory and Jurisprudence. His research is informed by continental European and Anglo-American traditions of philosophy, legal theory, jurisprudence, political theory and anthropology. He published the monographs Law and Sacrifice in 2005 and The Horizontal Effect Revolution and the Question of Sovereignty in 2014 and is also the author numerous essays and scientific journal articles.
Theme : A history that runs from Lochner to Lüth to Laval
The jurisprudence that the German Constitutional Court developed with regard to « horizontal effect » cases (cases in which the effect of fundamental rights on the horizontal relations between private individduals are at issue) in the second half of the 20th century not only spread from Germany to the rest of Europe, it also infiltrated the standard jurisprudence and mode of constitutional review that used to apply to « vertical effect » (cases in which the effect of fundamental rights on the vertical relation between private individuals and public authorities are at stake). In the process it created a new mode of constitutional review that allowed judiciaries to take over aspects of the capacities of sovereign governments that they never enjoyed before.
The aim of this paper is to illuminate this development and to consider its implications for the concept of constitutional democracy.
(2012), "Law and the Space of Appearance in Arendt’s thought" in Goldini and McCorkindale (eds) Hannah Arendt and the Law, Hart Publishing, Oxford, 63-88.
(2014), "Law, Utopia, Event: A Constellation of Two Trajectories" in Austin Sarat et al, Law and the Utopian Imagination, Stanford University Press, Standford, 60-100.
(2014) The Horizontal Effect Revolution and the Question of Sovereignty, Walter de Gruyter, Berlin/Boston, 428 pages.
(2015), "Reflections on Two Rivonia Renegades" in Awol Allo (ed) The Courtroom as a Space of Resistance Reflections on the Legacy of the Rivonia Trial (forthcoming mid-2015, page numbers not known yet).
(2015) Editor’s Introduction to Johan van der Walt and Jeff Ellsworth (eds) Constitutional Sovereignty and Social Solidarity in Europe, Nomos, Baden Baden, 9-38
(2015) "Timeo Danais et Dona Ferre and the Constitution that Europeans may one day have given themselves" in Johan van der Walt and Jeff Ellsworth (eds) Constitutional Sovereignty and Social Solidarity in Europe, Nomos, Baden Baden, 267-307.
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