icjp

 
May 26th

10:00 Opening session

Dean of the Faculty of Law of the University of Lisbon
The President of the ICJP
The Erasmus Coordinator
The organization of the conference

10:30 1st session: The activist judge: legitimacy and responsibility
Moderator: Steven Smith

Arthur Dyevre
The concept of judicial activism within the theory of judicial behavior

James Allan
The activist judge: vanity of vanities

Larry Alexander
Judicial activism in its pejorative and non-pejorative senses

Lunch

15:00 2nd session: A political dimension of judicial activity?
Moderator: Marcelo Rebelo de Sousa

Gonçalo de Almeida Ribeiro
Between legalism and activism

Maria Lúcia Amaral
The origins of the expression “judicial activism” and its possible application to the European tradition of Constitutional Justice

Massimo La Torre
Judicial activism and Legal Theory: a first map

Pierre Legrand
Adjudication as grammatication: the case of French judicial politics

Pause

17:00 3rd session: The activism of the constitutional judge
Moderator: Ana Maria Guerra Martins

Maimon Schwarzschild
Judicial activism, judicial independence, and judicial hubris

Jorge Pação Polido
Legitimacy of constitutional activism in a democracy

Tiago Fidalgo de Freitas
Constitutional welfare rights, judicial activism, and institutional constraints

May 27th

10:00: The activism of the constitutional judge

Carlos Blanco de Morais
Activism, ideologies and methods of constitutional interpretation

10:30 4th session: The activism of the European judge
Moderator: Fausto de Quadros

Maria Luísa Duarte
The European Court of Justice and the limits to judicial activism: the dialogue between European judges

Fernando Losada
Judicial activism and the European macroeconomic constitution: on the new constitutional principle of stability of the Euro area
 
Francisco Pereira Coutinho
The European Union´s legal order: A dialogue or a competition for supremacy?

Lourenço Vilhena de Freitas
The European Court of Justice and the limits to judicial activism: differences between the limits to activism in the light of the principles and constitution of the European Union and in the context of a constitutional state

Lunch

14:30 5th session: Rationalizing judicial activity
Moderator: Pedro Barbas Homem

Jorge Silva Sampaio
The contextual nature of proportionality and its relationship with the intensity of judicial review

Maria Benedita Urbano
Politics and the judiciary: a naïve step toward the end of judicial policy-making

Steven D. Smith
Judicial activism: a commitment with “reason”?

Coffee break

16:30 6th session: Judicial activism and Constitutional Theory
Moderator: Luís Pereira Coutinho

Francisco Balaguer Callejón
The limits of judicial activism and the structure of the legal system

Miguel Nogueira de Brito
Kelsen’s critique of Schmitt on who should be the guardian of the Constitution: the ambiguities of the continental model of constitutional review between legal science and political theory

Pedro Lomba
Being an activist: judicial decision-making and epistemic discretion

18:30 Closing session

Luís Pereira Coutinho
Steven Smith

Dinner

Working language: English