JSI Seminar Series: Constitutional Directive Principles

8 June 2017


Click here to register

Constitutional Directive Principles

Speaker: Dr Lael Weis, University of Melbourne

In this seminar, Lael Weis will present her recent research on constitutional directive principles. Directive principles are an increasingly common way of constitutionally entrenching fundamental social values and provide an alternative to rights provisions. They place binding but typically non-justiciable obligations on the state to promote social values, and are designed to be given effect by means other than direct judicial enforcement—predominantly, by legislation. Directive principles thus insert an element of political constitutionalism within the domain of legal constitutionalism. Understanding these unique provisions presents important challenges for the standard legal constitutionalist picture of social values constitutionalism that have been overlooked by scholarship to date. Or so Dr Weis shall argue. By defining these challenges, she hopes to show why directive principles merit greater attention by constitutional theorists than they have received to date, and why their analysis requires a new theoretical framework.

About the Speaker

Dr Lael K ('Lulu') Weis is a Lecturer in Law at the University of Melbourne. Dr Weis's principal research interests lie at the intersection of constitutional legal theory, democratic political theory, and comparative constitutional law. She is particularly interested in methodological questions concerning the use of comparative constitutional law to analyses issues in constitutional theory. Her work in this area has examined how assumptions about the purpose and function of constitutionalism inform theoretical debates about constitutional interpretation. Dr Weis's research also encompasses topics concerning property law and theory, including the place of property in philosophical theories of justice and issues concerning the constitutionalization of property rules. Dr Weis is the founder and convenor of Melbourne Law School's Legal Theory Workshop and she is the current Treasurer of the Australian Society of Legal Philosophy.

CPD Points: 2

Time: 6-8pm

Location: Common Room, Level 4, New Law Building (F10), Eastern Avenue, Camperdown, University of Sydney

Cost: Complimentary, however registration is essential.

Contact: Professional Learning & Community Engagement

Phone: 02 9351 0429

Email: 5856126d06242a1f4c2228422e5d560b29190f0d216c593b