Program WCCL2026

The four plenary sessions of the Congress will address the following topics:

1. Democracy: growth, backsliding, repair and revival

During the last decades, pessimism has led scholars and practitioners to pose profound questions on liberal democracy as it undergoes a crisis worldwide (hence terms such as “democratic erosion”, “backsliding”, “illiberal democracies”). Still, in recent years, there have also been optimistic developments. Brazil, the largest state in South America – the continent where the IACL WC will be held – has seen a peaceful and democratic removal of a leader who posed a serious threat to Brazilian democracy. Similar developments have taken place in Poland and other states. In Guatemala, after tough institutional resistance, the winner of the presidential election Bernardo Arévalo took power in January 2024. The conditions for “democratic repair” (which emphasizes short- to medium-term constitutional reforms) and “democratic revival” (which highlights long-term remedies to various democratic deficits) are fertile ground for constitutional discussions related to institutional design for fostering sustainable constitutionalism.

2. Rule of law: courts as defenders or reformers of constitutionalism

Debates on sustainable constitutions reactivate debates on the role of courts in democratic systems. However, courts may receive criticism, for example, that they are a counter-majoritarian power, which tries to solve political problems without any political legitimacy. Most constitutional courts are in constant interaction with other types of courts such as international human rights courts, arbitration panels, the International Court of Justice and the International Criminal Court. Apex courts with the cooperation of the international/regional courts have made significant contributions to the development of the rule of law over the past three decades. In parallell, some courts face challenges in maintaining judicial independence, upholding democratic values, and ensuring effective enforcement of their decisions. Addressing these challenges will be crucial for safeguarding the rule of law and promoting justice and accountability in the years to come.

3. Human rights in reality: access and implementation

While domestic and international human rights law and institutions have made important strides in promoting and protecting human rights after World War II, they continue to face challenges in ensuring state compliance, addressing backlashes against human rights, securing adequate resources, enforcing judgments, and addressing emerging human rights issues. Moreover, crises such as pandemics, financial emergencies, armed conflicts, climate change and the increasing power of AI, create additional challenges to the enjoyment of human rights.

Armed conflicts and post-conflict situations are also challenges that must be reflected upon from the standpoint of constitutional law. The armed conflict between Russia and Ukraine, and the war between Israel and Hamas, to mention just two examples, forces questions regarding the role of constitutional law and its relationship with international law. What role can constitutional and international law play for facilitating and promoting reconstruction and reconciliation processes where the rights of victims are guaranteed, the reintegration of ex-combatants is managed, and an adequate transition process is ensured.

4. Human Duties in the Human-centred World: Constitutionalism and Private Actors

Constitutionalism has been built around two axes: Controlling power and ensuring the rights and freedoms of the people. Traditionally the constitution has been understood as a law that obligates only the state. However, today, at the most critical moment of the Anthropocene, this premise needs to be critically examined.

In reality, it is not only the power of the state that needs to be controlled and kept in check, but also the power of the international financial system, transnational enterprises, and individuals. Courts increasingly understand constitutions as creating obligations for private actors (horizontal effect). Some national governments legislate to oblige domestic and transnational companies to respect human rights according to the UN Guiding Principles on Business and Human Rights. In both its meanings, sustainable constitutionalism needs to address private entities, and may need to consider human duties in addition to rights.