July 6 @ 10:00 - 11:30 Wroclaw (CEST)
Towards a new separation of powers? Institutional flexibility and rigidity in international and domestic public law
There is often a considerable gap between the legal texts outlining institutional competences and institutions’ real functions and powers on the ground. This is true both for domestic and international systems. In international law, some have with Nico Krisch described authority as liquid, as it develops dynamically over time and is driven by informality and institutional multiplicity. In domestic systems, the situation is sometimes not dissimilar. Here, too, institutions exercise their power in flexible ways, sometimes responding to political dysfunction by creating new channels for policy-initiatives and participation such as in courts, with the distinctive traits of different branches and institutions becoming blurry as a result. In this panel, we seek to capture and analyse this flexibility of institutional roles both on the international and domestic level but also ask about the costs and risks that come with such flexibility and dynamism and how to contain them.