The Congress

¨Cuba CON-PARA”: I International Congress of Comparative and Constitutional Law.

The science of comparative law is intrinsically controversial and innovative, since it introduces an analytical and transdisciplinary dimension to the study of law that concerns all its branches. In the framework of Constitutional Law, legal comparison becomes more complex due to the influence of many variables, among which history, context, identities, politics, systems, ideology. This ends up end up placing the comparativist in a difficult but highly stimulating position, to develop a deeper knowledge of the essence of Law. Therefore, the "con-science challenge" must be assumed, always in the light of ethics, tolerance and respect, therefore, without dogmas or schematisms.

These are the key points that will guide the 8 thematic axes (see attached) of the 1st International Congress of Comparative and Constitutional Law, "Cuba CON-PARA", to be held between April 4th and 6th,2023, whose venue will be the emblematic Hotel Nacional de Cuba.

Cuba CON-PARA will seek the exchange of knowledge and experiences among academics, researchers and other legal professionals from different latitudes. Through papers, communications and posters, different topics currently debated in constitutionalism will be developed. It will also be an ideal space to generate collaborative projects between institutions and participants.

The congress will have the special participation of Professor Emeritus Luigi Ferrajoli at the Roma III University.

Cuba CON-PARA is organized by the Faculty of Law of the University of Havana and is co-sponsored by several academic and research centres from Italy, Mexico and Cuba.

It will be a laudable opportunity to breathe science, culture and hospitality.

Wishing to be able to count on your company in Havana, cordially greets you,

Dr. Martha Prieto Valdés
President of Cuba CON-PARA
Professor Emeritus of the University of Havana

Summoned topics

The congress has been structured in eight thematic axes that cover the most important areas of constitutional interest. They focus on problems or profiles that are still little debated or that require a broader interpretation capacity, in such a way that it can place the congress within a critical pluriverse, with new creative energies.

Axis n. 1: Comparative Law: epistemology, analysis, implementation and challenges. In an interconnected and multi-diverse world, comparative law is a more than necessary legal science. We are very far from the idea of the end of comparative law, which had been proposed when concepts such as global or transnational law emerged, the internationalization of constitutional law and the constitutionalization of international law. We invite researchers to reflect critically on these concepts, to reveal their limits and to value the potentialities of a decolonizing and anti-patriarchal comparison.

Axis n. 2: Constitutionalism in critical perspective from the global South: identities, race, gender, intersectional approach. The aim is to support a debate on all the identities that have been hidden or forgotten in classical constitutionalism, through historical and comparative analysis that do not necessarily have Europe at the center, or that critically review the consequences of the centrality of Europe in constitutional history. Therefore, the concepts of race and gender are suggested as indicators, without that list being considered exhaustive. Is it possible to think of a constitutionalism that is truly inclusive of all the vulnerable groups in our current society?

Axis n. 3: Beyond the Nature-Culture dualism: the protection of the environment, ecosystems and Mother Earth. The law is called to respond to the ecological, climatic and energy crises that put the survival of humanity on the planet at risk. This stands as the only truly global, but not globalizing, issue that jurists urgently need to address. The South of the world, with its own chthonic traditions, can offer new ideas and visions that today dialogue with the systemic and complex thinking of the scientific community. A reflection on the intersections between environmental law, sustainability law, nature rights, ecosystem law promises to stimulate new legal solutions.

Axis n. 4: Latin America at the polls: impacts on forms of government. The most classic topic on government systems finds in the cyclical electoral contingencies of Latin America a current test bench for concepts such as representativeness and representation, political and electoral system, division of powers or functions. Dialogue between the political and legal perspectives is always desired, although it is only sometimes applied and rarely shown to be effective. The comparative approach can contribute to strengthening this dialogue and its results.

Axis n. 5: Constitutional reforms, beyond the procedure and constitutional rigidity. The constitutional change has been a mechanism for resolving political tensions, which has ended up driving changes in legal paradigms, especially in Latin America. In some cases, the so-called reform clause ends up being an axiological-normative reference, transcended by the push of the sovereign, which has given unequivocal signs of its role as constituent power. On the other hand, the democratization of the procedure does not always lead to the material legitimacy of the change. These and other problems revolve around one of the institutions that it is impossible to fully analyze without constitutional law, comparative law and political theory.

Axis n. 6: Citizenship in debate: plurality, interculturality, human mobility. Which borders, which rights? Jurists continue to analyze migratory phenomena from the perspective of crisis and emergency law, without considering that human mobility, like that of all living species, is an intrinsic element of ecosystems. Likewise, the theory of the state continues to be based on the elements elaborated since the peace of Westphalia. The nation-state no longer exists, but the proposals for the organization of the state continue to be anchored in federalist and regionalist theories, which do not always adapt to the new demands of plurality. Innovative proposals are needed that can guarantee the sustainability of diversity, in the words of Patrick Glenn.

Axis n. 7: Instruments to guarantee rights in comparative perspective. This issue, which along with fundamental rights continues to be the origin of most scientific contributions worldwide, needs a re-conceptualization, both from the perspective of the effectiveness of jurisdictional instruments (or also of the opportunity of the jurisdictionalization of each conflict, even in constitutional justice), as well as of its structure, which can replicate colonial power relations and domination. Reflective judiciary, for example, connects with the problems of representativeness of the identities presented in the thematic axes background.

Axis n. 8: The "engine room" of the constitution. The tendency of constitutions to incorporate extensive bill of rights, which characterizes especially, though not only, constitutionalism in Latin American, is not accompanied by an analogous attention to the organization of the powers (what has been called the "machine room"). In countries that have a tradition of presidentialism, there are no innovations about control over the executive and the limitation of their powers. In most parliamentary systems, the approach continues to be the search for governability and the strengthening of governments. In compared experiences, there are very few innovations that try to include the citizens in decision-making, which results in a distrust of these in politics. Often times, the courts, especially where there is open access to justice, become the true places of citizen participation. Consequently, the tension between political power and judicial power is even more emphasized, intrinsic in the relationship between democracy and constitutionalism. This axis wants to investigate the possible institutional innovations for a new organization of the powers, both in presidential and parliamentary systems, also including issues such as deliberative democracy and independent authorities.


All the thematic axes described above are interdependent within a legal ecosystem. The division between sessions, in the end, is simply an instrument to organize the debate, which is conceived as a global and unitary discussion on the role of the constitutionalist and comparative jurist today. For this reason, the Congress opens with a paper on the methodology of legal comparison by Prof. Lucio Pegoraro, followed by a reading of the role of Cuban constitutionalism in the dynamics of the circulation of formants; in the closing there will be a reflection on the most urgent challenges that Cuban constitutionalis must face, as a counter-hegemonic order in a global and ideologized context; to end up with an inclusive legal and cultural proposal, for the construction of a world of peace and harmony among living beings, by Prof. Luigi Ferrajoli.

We invite the entire academic community of the various worlds to participate in the event with their contributions, sending an abstract of his/her paper, communication or poster before February 15, 2023.

Scientific comittee

Organizing committee

Secretary

Associated publications

The Cuban Law Review (RCD) is a biannual publication (January-June/July-December) of a scientific nature, arbitrated through the double-blind system, open access, and aimed mainly at the national and international legal community. It publishes original and unpublished results of legal research in Spanish and English, under internationally standardized publication standards, inspired by the code of the Publication Ethics Committee (COPE), aimed at editors as well as reviewers and authors. It dedicates 90% of the content of each edition to the publication of original articles and 10% to topics related to the popularization of science. It is published in printed format (ISSN: 0864-165X, RNPS: 0075) and, since 2021, in electronic version (ISSN: 2788-6670, RNPS: 2302).

The General Journal of Comparative Public Law (IUSTEL) is a biannual publication (July/December) of a scientific nature, a modern research instrument focused particularly on comparative methodology. It is dedicated to legal research whose novelty lies in the treatment of law from a multidisciplinary perspective –basically from public law, although for some issues it is also necessary to resort to private law and other disciplines–, and from comparative methodology, a central element of the Journal that allows observing the circulation of models, the construction of classes and the creation of dogmatic categories that provide a certain general value.