Constitutional Jurisdiction and Democracy: Courts, Democratic Resilience, and the Future of Constitutionalism

Constitutional jurisdiction has become one of the defining features of contemporary democracies. Constitutional and supreme courts increasingly operate at the intersection of law and politics, shaping the boundaries of democratic governance while responding to complex challenges such as democratic backsliding, constitutional erosion, political polarization, populism, institutional distrust, digital transformation, and the protection of fundamental rights. In this context, constitutional adjudication has assumed an increasingly prominent role in mediating conflicts between majority rule and constitutional commitments, raising fundamental questions about judicial legitimacy, separation of powers, and democratic accountability.
This panel seeks to foster an interdisciplinary and comparative discussion on the evolving relationship between constitutional jurisdiction and democracy. It welcomes theoretical, empirical, doctrinal, and comparative contributions that examine how constitutional courts influence democratic institutions, constitutional stability, and the protection of constitutional values in different legal systems. Particular attention will be given to the tensions between judicial activism and judicial restraint, constitutional interpretation and democratic legitimacy, the expansion of constitutional review, and the growing judicialization of political and social controversies.
The panel also encourages reflections on the role of constitutional courts in addressing contemporary global challenges, including electoral integrity, the rule of law, human rights protection, environmental constitutionalism, digital governance, artificial intelligence, disinformation, migration, emergency powers, and the constitutional implications of economic and social inequalities. Comparative analyses involving different constitutional traditions, regional courts, and transnational constitutional dialogue are especially welcome.
By bringing together scholars from diverse jurisdictions and methodological perspectives, the panel aims to create a forum for critical engagement with the opportunities and limitations of constitutional jurisdiction in strengthening democratic governance. It invites papers that explore both established and emerging approaches to constitutional adjudication, encouraging dialogue across legal cultures and academic disciplines. Ultimately, the panel seeks to advance contemporary debates on how constitutional courts can contribute to preserving democratic constitutionalism while adapting to the profound political, technological, and social transformations of the twenty-first century.