Presentations: From Constitution to Adjudication

Presentations: From Constitution to Adjudication

In January 2016, FLIA organized three presentations. The general topic of the three presentations was “From Constitution to Adjudication.” The presentations examined constitutional issues from the perspective of pubic legislation, private legal rights, and the judicial system, respectively.

On Jan 22, we invited Dr. Yuhua Sun to give a presentation on the topic of “How Can the Judicial Interpretation of Internet Libel Break through the Firewall of the Constitution?” Dr. Sun is a professor of law at Eastern China University of Political Science & Law and visiting scholar at Columbia University Law School. He specializes in constitutional and procedural law. In his presentation, he argued that the current judicial interpretation of Internet libel in China failed to balance the needs to protect freedom of speech, rights of supervision, and human dignity. He also suggested a resolution to this constitutional problem.

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On Jan 28, we invited Mr Ulisses Schwarz Viana to give a presentation on the topic of “If home-schooling is constitutional in Brazil”. Ulisses Schwarz Viana is a State Attorney of Brazil and he will participate in oral arguments before the 11 Judges of the Brazilian Supreme Federal Court on a case on homeschooling. He holds a Ph.D. in Philosophy of Law. His opinion concludes with some considerations in Sociology of Law and Philosophy of Law. He argued why homeschooling is against the principle of diversity in the Constitution. He also discussed why the U.S. Supreme Court’s decision Wisconsin v. Yoder (1972) cannot provide guidance to the Brazilian Supreme Court in his upcoming case.

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On Jan 29, we invited Prof. Zhiwei Tong to give a presentation. The topic was Chinese Judicial Reform: Current Challenges and Future Opportunities. Professor Tong is an internationally renowned scholar who has lectured all over the world and at elite institutions in the United States. More importantly, he is a “big V”, one of the great public intellectuals in China and a key opinion leader. He played a role in the investigation and eventual downfall of Bo Xilai, whose trial for corruption received international coverage. His discussion of rule of law and judicial reform has caused great attention in the States. In his presentation he talked about the current judicial reform in China from the perspective of Chinese constitutionalism.

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