The Metaethics of Constitutional Adjudication

Speaker:

Bosko Tripkovic, Lecturer in Law, Birmingham Law School

Chair:

Dr Silvia Suteu (Lecturer in Public Law, UCL Laws)

Date and time: Thursday, 13 December 2018, 16:00-18:00
Location: Keeton Room, Bentham House

About the event:

In his book, The Metaethics of Constitutional Adjudication (Oxford University Press 2017), Bosko Tripkovic develops a theory of value-based arguments in constitutional adjudication. The book identifies three dominant types of value-based arguments in comparative constitutional practice: arguments from constitutional identity, common sentiment, and universal reason, and explains why they fail as self-standing approaches to moral judgment. It then suggests that the appropriate moral judgments emerge from the dynamics between practical confidence, which denotes the inescapability of the self and the evaluative attitudes it entails, and reflection, which denotes the process of challenging and questioning these attitudes. The book applies the notions of confidence and reflection to constitutional reasoning and maintains that the moral inquiry of the constitutional court ought to depart from the emotive intuitions of the constitutional community and then challenge these intuitions through reflective exposure to different perspectives in order to better understand and develop the underlying constitutional identity. The book casts new light on common constitutional dilemmas and allows us to envisage new ways of resolving them.

The event is free and open to all. For further information, please email Dr Silvia Suteu at s.suteu@ucl.ac.uk.

About the speaker:

Dr Bosko Tripkovic is a Lecturer in Law at Birmingham Law School, where he researches and teaches in the areas of jurisprudence, constitutional law, and EU law. Dr Tripkovic holds PhD and LLM degrees from the European University Institute, MJur degree from the University of Oxford, and MPhil and LLB degrees from the University of Novi Sad. In 2016, he won the Mauro Cappelletti Prize for the best thesis in the field of comparative law defended at the European University Institute. He has previously worked as a post-doctoral research associate at the European University Institute, and as a lecturer at the University of Novi Sad. He has also spent an academic year at NYU Law School as a visiting scholar. Dr Tripkovic has also been the executive editor of the European Journal of Legal Studies (2012-2014), convener of the Legal and Political Theory Working Group at the European University Institute (2011-2012 and 2013-2014), and a coordinator, affiliate and consultant on a number of research projects.