Democracy and constitutionalism

Democratic institutions, rule of law principles, and individual rights are under increasing pressure in a world shaped by armed conflicts and wars, populist and authoritarian regimes, global inequalities and colonial legacies, digital transformations, and environmental crises. Disinformation, hate speech, and the crisis of traditional media form yet another threat to democratic institutions. As the boundaries between national and transnational governance blur, legal systems must contend with evolving forms of power and demands for legitimacy. Rights are not only guaranteed by constitutions and international instruments, but also contested in court proceedings, policies, and public discourse. Understanding how legal frameworks support or undermine democracy and fundamental rights is central to addressing the challenges of the 21st century.

We explore how constitutions, courts and other legal institutions, and rights-based arguments structure the relationship between individuals, states, and supranational or transnational legal orders. Our work examines national, European, and international forms of constitutionalism; the dynamics of human and fundamental rights protection; the rights, marginalization and the lack of representation of indigenous populations, and the shifting role of courts and precedents in democratic governance. We also analyse how rights claims emerge in diverse legal fields – from market regulation and migration to family law and intellectual property – and how they influence the functioning of constitutional democracy. Across these areas, we engage critically with legal imaginaries of democracy, legitimacy, and the rule of law in a rapidly changing world.