ARC Laureate Program on
Balancing Diversity and Social Cohesion in Democratic Constitutions
Balancing Diversity and Social Cohesion in Democratic Constitutions aims to address the need to reconcile the tensions between the pursuit of diversity and the promotion of social cohesion. This critical problem becomes increasingly urgent as nations grapple with the challenges of highly diverse multi-cultural societies.
Professor Adrienne Stone, Kathleen Fitzpatrick Australian Laureate Fellow, will assemble a new interdisciplinary research team comprising leading scholars in law, world-class early career researchers, and innovative practitioners to enhance the capacity of comparative constitutional law, and enhance their skillset.
The team of researchers shall draw on the experience of constitutionalism throughout the world to investigate how Constitutions, in their design and in their application, can unify while nurturing the diversity appropriate for a complex, modern society. Markers for the project are to understand how best to balance the pursuit of diversity and social cohesion in constitutional democracies, to provide guidance to established and emerging constitutional orders, and to develop the methodological foundations of comparative constitutional law. Results from the project are intended to help governments, judiciaries and the public to resolve intense controversies over ideals.
The Laureate Program will include opportunities for collaboration, debate and information sharing through conferences, round tables and visiting fellowships. The Laureate Visiting Fellowships in Comparative Constitutional is supported by the Kathleen Fitzpatrick Fellowship Scheme and funded by the Australian Research Council, annually from 2016 – 2021.
ARC Laureate Fellow
Professor Adrienne Stone
Adrienne Stone holds a Chair at Melbourne Law School where she is also a Kathleen Fitzpatrick Australian Laureate Fellow, a Redmond Barry Distinguished Professor and Director of the Centre for Comparative Constitutional Studies.
She researches in the areas of constitutional law and constitutional theory with particular attention to freedom of expression. Her Laureate Fellowship on the theme 'Balancing Diversity and Social Cohesion in Democratic Constitutions' investigates how Constitutions, in their design and in their application, can unify while nurturing the diversity appropriate for a complex, modern society.
She has published widely in international journals including in the International Journal of Constitutional Law, Constitutional Commentary, the Toronto Law Journal and in the Oxford Journal of Legal Studies.
Her recent publications include Small Brown Bird: Values, Aspirations and the Australian Constitution (with Elisa Arcioni) in the International Journal of Constitutional Law and Constitutional Orthodoxy: The Deepening Divide in the Melbourne University Law Review. With Cheryl Saunders AO she is editor of the Oxford Handbook on the Australian Constitution and with Frederick Schauer she is editor of the forthcoming Oxford Handbook on Freedom of Speech
She is President of the International Association of Constitutional Law and is an elected Fellow of the Academy of Social Sciences in Australia and Australian Academy of Law. Through the Centre for Comparative Constitutional Studies she is extensively engaged with government and non-governmental organisations. In 2015, she was a member of the Advisory Committee for the Australian Law Reform Commission’s Inquiry on Traditional Rights and Freedoms.
She has taught at law schools in Australia, the United States and Canada and delivered papers and lectures by invitation at numerous universities in Australia, North America, Europe and China. In 2018, she is a Visiting Professor at Université Paris 1 Panthéon-Sorbonne.
Dr Erika Arban
Dr. Erika Arban is a Postdoctoral Fellow in the ARC Laureate Program in Comparative Constitutional Law. Her research interests include comparative federalism, comparative constitutional law and legal research methodology. She also lectures in Comparative Federalism at the University of Antwerp (Belgium) and is co-editor of the Blog of the International Association of Constitutional Law (IACL). Erika received her PhD at the University of Ottawa (Canada), where her doctoral thesis “Italian Regionalism and the Federal Challenge” was awarded the Governor General Gold Medal for the best thesis in the Humanities. She also holds a LLM from the University of Arizona (USA) and a Bachelor in Law from the University of Trieste (Italy). Before joining MLS, Erika was a lecturer (part-time) at the University of Ottawa.
Dr Stijn Smet
Stijn Smet was a Postdoctoral Fellow with the ARC Laureate Project in Comparative Constitutional Law from March 2017 to August 2018. His research interests are in comparative constitutional law, human rights, legal theory (primarily on rights) and political theory (primarily on toleration and respect). His teaching interests extend to practice-based learning, including clinical legal education and mooting. Stijn is the author of Resolving Conflicts between Human Rights: The Judge’s Dilemma (Routledge, 2016) and co-editor of When Human Rights Clash at the European Court of Human Rights: Conflict or Harmony? (OUP, 2017). He has published among others in the American University International Law Review, Human Rights Law Review and Religion & Human Rights. Before joining the University of Melbourne Law School, Stijn was a Postdoctoral Fellow at Ghent University Law School (Belgium), where he also obtained his PhD in law
Mr Darshan Datar
Darshan Datar is a doctoral candidate with the Laureate Program in Comparative Constitutional Law. He holds two LL.M degrees from the Central European University, Budapest in Comparative Constitutional Law (2015-16) and the European University Institute (2017-18). His research is focused on the concept of religion followed by constitutional courts. His other research interests include theoretical accounts of secularism and constitutionalism.
Ms Toerien van Wyk
Toerien van Wyk is a doctoral candidate in the ARC Laureate Program in Comparative Constitutional Law. Her interests are in comparative constitutional law, human rights and information law. Before joining the project, she was the Co-Director of the South African History Archive, a non-profit organisation dedicated to supporting struggles for justice through the use of access to information laws and archival practice. Toerien holds a Master of Laws: Human Rights Law degree (LLM) (cum laude) and a Higher Diploma in International Taxation from the University of Johannesburg as well as a Baccalaureus Legum degree (LLB) from the University of South Africa. Toerien has experienced working in many facets of human rights law and has previously been employed as a legal consultant, a human rights researcher, and a law lecturer. Her research is in comparative constitutional law, with a focus on the protection and promotion of information flow. Her doctoral research explores international and African communally-centered understandings of access to information and freedom of expression. It considers how the flow of information, particularly between the state and residents of the state, ought to be given constitutional protection.
Gabrielle Dalsasso is the Program Manager for the Laureate Fellowship in Comparative Constitutional Law. Prior to joining Melbourne Law School, she has held senior administrative positions in corporate and not-for-profit organisations.
Supported by the Kathleen Fitzpatrick Fellowship Scheme
Funded by the Australian Research Council
2016 – 2021
Please note: Applications for 2019 have closed.
The Laureate Visiting Fellowships in Constitutional Law offers outstanding female doctoral and female early career researchers the opportunity to participate in an intensive mentoring program relative to the Laureate Program with Professor Adrienne Stone, ARC Kathleen Fitzpatrick Australian Laureate Fellow, for up to two months; and includes involvement in events, workshops, and conferences.
Funding of up to $3000 is available for Laureate Visiting Fellows in Comparative Constitutional Law, towards the costs of travel to, and accommodation in, Melbourne. The amount will be allocated on a case by case basis. As such, applicants should consider the cost implication before applying, as there may be out-of-pocket expenses not covered by the Fellowship. Visiting fellows from outside Australia are responsible for obtaining and funding any necessary visas.
The Laureate Visiting Fellowships in Comparative Constitutional is supported by the Kathleen Fitzpatrick Fellowship Scheme and funded by the Australian Research Council, annually from 2016 – 2021.
Visiting Fellows 2018
Dr Melissa Crouch
Melissa is a Senior Lecturer at the Law Faculty, the University of New South Wales, Sydney. Her research contributes to the field of Asian Legal Studies, with a focus on Comparative Constitutional Law; Law and Development; and Law and Religion. Her research has a particular focus on Southeast Asia, where she has conducted extensive socio-legal field research. She is currently sole Chief Investigator on an ARC Discovery Grant on "Constitutional Change in Authoritarian Regimes" (2018-2020). Melissa is the author of Law and Religion in Indonesia: Conflict and the Courts in West Java (Routledge, 2014). She is the editor of three major volumes on Myanmar: Law, Society and Transition in Myanmar (2014); 'Islam and the State in Myanmar: Muslim-Buddhist Relations and the Politics of Belonging' (OUP 2016), and The Business of Transition: Law, Development and Economics in Myanmar (CUP 2017). She has published in a range of peer-reviewed journals and has a forthcoming article in the International Journal of Constitutional Law on Myanmar's Constitutional Tribunal (2018). She is currently working on a book manuscript on The Constitution of Myanmar: A Contextual Analysis. Melissa has been invited to work with many international and local organisations in Myanmar with a focus on constitutional and administrative law reforms, and legal education. She leads the UNSW Law Southeast Asia engagement strategy, and is the Myanmar Academic Lead for the UNSW Institute for Global Development. Melissa teaches in the areas of constitutional law, law and development, and Asian legal systems.
Ms Mariyam Kamil
Mariyam is a DPhil Candidate in Law at the University of Oxford. She researches on the constitutional right to privacy in India under the supervision of Professor Paul Craig.
Mariyam’s MPhil thesis, also on the same topic, was cited with approval by the nine-judge bench of the Supreme Court in KS Puttaswamy v Union of India AIR 2017 SC 4161. Her analysis of the judgment was recently published in the Indian Law Review.
Mariyam holds an undergraduate degree in law from Osmania University, Hyderabad (India). In 2012, she was the law clerk to the Chief Justice of India. Subsequently, she read for the BCL at Oxford as a Felix Scholar.
Mariyam also serves on the editorial board of the Oxford University Commonwealth Law Journal and convenes the South Asian Law Discussion Group at the Oxford Law Faculty.
Ms Elizabeth O'Loughlin
Elizabeth O’Loughlin is a PhD candidate at the University of Manchester, where she has worked on a European Research Council-funded study entitled ‘A sociology of the transnational constitution’. She is a teaching assistant at the University of Leeds, where she teaches Constitutional and Administrative Law, Equity and Trusts, and Researching Law. From September 2018, she will be a Lecturer in Law at City Law School, University of London.
Elizabeth completed an LLM (by research) at the European University Institute and an LLB at the University of Leeds. She was previously a researcher at the University of Sheffield, working on a Nuffield Foundation research project (‘Exploring the Procedural Fairness of the Ombudsman’) with Dr Richard Kirkham, and has also worked at the Kenya Section of the International Commission of Jurists.
Her recent research has focussed upon the function of international law in constitutional reform in Kenya, empirical methods in English administrative law, and the function of judicial review of the UK ombudsector. From July-August 2018 she joins Melbourne Law School as a Kathleen Fitzpatrick Visiting Fellow in Comparative Constitutional Law. During her visit, she will be working on a project exploring the role of courts in addressing land conflicts and injustices in East Africa.
Dr Bilyana Petkova
Dr Bilyana Petkova joined the Department of International and European Law of Maastricht University as a tenure-track Assistant Professor in September 2017. She is affiliated as a Visiting Scholar at the Yale Information Society Project since 2014. Before joining UM, Bilyana was a Max Weber postdoctoral fellow at the European University Institute in Florence, Italy and at New York University where she was a part of the Jean Monnet Center and later, the NYU Information Law Institute. Her research interests are in comparative constitutional law, judicial legitimacy, federalism and human rights, with a recent focus on data-driven cities, US-EU privacy law and freedom of speech in a digital age. Her paper "The Safeguards of Privacy Federalism" won a Young Scholars Award at the Eight Privacy Law Scholars Conference in the University of Berkeley, California. Bilyana publishes in both US-based and European editions. Among others, her book chapters have appeared with Oxford and Cambridge University Press, and articles – in the Lewis & Clark Law Review, the Northwestern Journal of Technology and Intellectual Property, the Common Market Law Review, the International Journal of Constitutional Law (I-CON) and the Maastricht Journal of European and Comparative Law. As a Kathleen Fitzpatrick Visiting Fellow in Melbourne, Bilyana will work on a forthcoming article examining the importance of free speech for the U.S. constitutional system as compared to the prominence of privacy in the European one
Ms Francesca Raimondo
Francesca Raimondo is a PhD student in Legal Studies at the Alma Mater Studiorum - University of Bologna where she is working on a project entitled “From identity to citizenship. The contemporary challenges of diversity. A comparative perspective”. She is a tutor for the classes of Diritto Pubblico Comparato e Comparative Constitutionalism at the University of Bologna, School of Law. Francesca graduated in Law in 2014 at the Alma Mater Studiorum - University of Bologna, her dissertation analysed the controversies concerning the Islamic headscarf in comparative perspective, examining the cases of UK, Canada and Italy. From April to December 2014 she was an intern at the Centre for Constitutional Studies and Democratic Development (CCSDD) in Bologna. After the graduation, Francesca was awarded a scholarship from the School of Law of the University of Bologna for an in-depth research of her dissertation topic at the Osgoode Hall Law School - York University in Toronto under the supervision of Prof. Benjamin L. Berger. In 2016, she attended the Centre for Studies and Research at The Hague Academy of International Law on the theme of “Citizenship in International Law”, where she carried out research on the “Citizenship-Related Cases in the Jurisprudence of the European Court of Human Rights (ECtHR)”. Her recent research work has focused on the culturalization of citizenship in the naturalization path and on the draft reform of the Italian regulation on citizenship. From July-August 2018 she joins Melbourne Law School as a Kathleen Fitzpatrick Visiting Fellow in Comparative Constitutional Law. During her visit, she will be working on her doctoral thesis examining the development of the concept of belonging in citizenship regulation.
Dr Dinesha Samararatne
Dr. Dinesha Samararatne is a Senior Lecturer at the Department of Public & International Law at the Faculty of Law of the University of Colombo, Sri Lanka where she teaches Administrative Law, Constitutional Law and Human Rights Law. Dinesha is a LLB graduate from the University of Colombo and an Attorney-at-Law. She read for her Master’s degree as a Fulbright Scholar at Harvard Law School, MA, USA and she completed her doctoral studies at the University of Colombo. Her recent research work has been in relation to judicial enforcement of economic and social rights, judicial interpretation of fundamental rights, war affected women with disability, the study of law from the perspectives of cultural studies and access to justice. Dinesha has previously held visiting positions at the Gilbert and Tobin Centre for Public Law, Faculty of Law of the University of New South Wales, UNSW and at the Institute for Human Rights, Abo Akademi, Turku, Finland. During her visit to the Centre on Comparative Constitutional Law, April – May 2018, as a Kathleen Fitzpatrick Visiting Fellow she will be working on a paper examining the current constitutional reform processes in Sri Lanka.elissa teaches in the areas of constitutional law, law and development, and Asian legal systems.
Visiting Fellows 2017
Dr Eszter Bodnár
Eszter Bodnár is a Kathleen Fitzpatrick Visiting Fellow with the ARC Laureate Project in Comparative Constitutional Law. Her research interest is in comparative constitutional law, international human rights, and European constitutional law. She has been an assistant professor at the Faculty of Law of University Eötvös Loránd (ELTE) in Budapest, Hungary since 2013. She is also a faculty member in the Master of Electoral Policy and Administration program of Scoula Sant’Anna, Pisa. In the last years, she has been teaching and researching in Germany, France, the United States, the Czech Republic, Portugal, Italy, and Canada. She graduated as a lawyer and worked at the Department of Constitutional Law in the Hungarian Ministry of Justice, and in the Hungarian National Election Office. She obtained her PhD degree in constitutional law at ELTE in 2013 with her thesis on the fundamental right attributes and restrictions of the right to vote that was published in Hungarian (HVG-Orac, 2014). Currently she is working on a comparative constitutional law project on open justice, seeking the answer on how the courts should answer the challenges of the 21st century in a constitutional way.
Ms Gisela Ferrari
Gisela Ferrari is a Kathleen Fitzpatrick Visiting Fellow with the ARC Laureate Project in Comparative Constitutional Law. Gisela is a doctoral student at the Catholic University of Argentina, in Buenos Aires. She is currently studying the influence of the European Court of Human Rights on the Argentine Supreme Court. Her research interests are in human rights law, public international law, and constitutional law, especially cross-jurisdictional constitutional interactions. Gisela is a Lecturer at the Catholic University of Argentina and at Universidad Austral, where she teaches constitutional law and human rights law. Earlier in 2017, she was a guest researcher at the Max Planck Institute for European Legal History in Frankfurt. Previously, Gisela was at the London School of Economics and Political Science, where she completed an LL.M. in Public Law. As part of the fellowship program, she is currently working on a paper on successful constitutionalism and the reshaping of cultural and social understandings of race in Argentina.
Dr Caitlin Goss
Caitlin Goss is a Kathleen Fitzpatrick Visiting Fellow with the ARC Laureate Project in Comparative Constitutional Law. Her research interests are in comparative constitutional law, international law, and evidentiary issues in constitutional and international law. Caitlin is currently working on a monograph on interim—or deliberately temporary—constitutions, and the ways in which they affect the long-term constitutional law of the states in which they are adopted. Caitlin is a Lecturer in Law at the University of Queensland, where she teaches in constitutional law, public international law, and the law of evidence. Previously, Caitlin was at the University of Oxford, where she read for the Bachelor of Civil Law and the DPhil in Law, and served as the Graduate Teaching Assistant in Public International Law.
Ms Swati Jhaveri
Swati Jhaveri is a Kathleen Fitzpatrick Visiting Fellow with the ARC Laureate Project in Comparative Constitutional Law. Swati is an Assistant Professor at the Faculty of Law at the National University of Singapore. Her areas of research are constitutional and administrative law, with a focus on Asian jurisdictions. Swati previously taught at the Faculty of Law at the Chinese University of Hong Kong. She obtained her Bachelor of Arts in Jurisprudence (First Class Honours) and Bachelor of Civil Law (Distinction) from the University of Oxford. Swati previously practised law at Allen & Overy, specialising in international commercial arbitration and is a Solicitor of the Hong Kong SAR and England & Wales and a Member of the Chartered Institute of Arbitrators. Swati is currently working on papers looking at the need for more comparison in the field of administrative law; and the role of the executive (as opposed to courts and parliament) in generating constitutional norms and meaning.
Ms Dani Larkin
Dani Larkin is a Kathleen Fitzpatrick Visiting Fellow with the ARC Laureate Project in Comparative Constitutional Law. Dani is a Doctoral student at Bond University located in Queensland, Australia. Her field of research examines the importance of protecting Indigenous cultural identity through self-determination and political participation. Dani is an Indigenous woman with connections to the Kungarakany tribe located in the Northern Territory and Bundjalung tribe from northern New South Wales. Dani has completed a Bachelor of Laws degree from Griffith University and a Masters of Laws Specialist degree in Corporate and Commercial Law and Pactice from Bond University. She is an admitted legal practitioner with several years experience working as a lawyer for a number of government agencies, including with the Australian Federal Police, the A.C.T Department of Public Prosecutions, the Aboriginal and Torres Strait Islander Legal Service, and the Australian Tax Office and now wishes to use her skills, knowledge and experience to advocate for Indigenous Peoples in Australia.
Dr Jaclyn Neo
Jaclyn L. Neo is an Assistant Professor of Law at the National University of Singapore (NUS). She specializes in constitutional law and human rights. She was a recipient of two graduate scholarships from NUS under which she completed her Masters of Law (LL.M.) and Doctor of the Science of Law (J.S.D.) at Yale Law School.
Jaclyn is an Executive Committee member of the NUS Centre for Asian Legal Studies and was also recently appointed to the editorial boards of the Asian Journal of Comparative Law and the Asian Yearbook of International Law.
Jaclyn is the sole editor of a recently published volume on Constitutional Interpretation in Singapore: Theory and Practice (Routledge, 2017). Her articles have been published in the International Journal of Constitutional Law (I-CON), Oxford Journal of Law and Religion, Human Rights Quarterly, and the Singapore Journal of Legal Studies. Her article on domestic incorporation of international human rights law in a dualist state won the Asian Yearbook of International Law’s DILA International Law Prize. She was also recently awarded the 2016 SHAPE-SEA Research Award in recognition of her research on human rights, especially religious freedom, in Southeast Asia.
Dr Jenna Sapiano
Jenna Sapiano is a Kathleen Fitzpatrick Visiting Fellow with the ARC Laureate Project in Comparative Constitutional Law. Jenna is an Associate Fellow in the Centre for Global Constitutionalism at the University of St Andrews in Scotland. She completed her PhD at the School of International Relations at the University of St Andrews on peace agreements and constitutions. In 2013, she was awarded a two-year Economic and Social Research Council grant. Previously, Jenna was at the University of Edinburgh, where she completed an MSc in African Studies and an LLM in International Law. She holds a BA from McGill University (Montreal, Canada).She has worked with the International Institute for Development and Electoral Assistance and the Political Settlements Research Programme (University of Edinburgh). Jenna was the convenor in 2015-16 of the Edinburgh Constitutional Law Discussion Group. She is currently working on a paper on constitutional silences as part of the fellowship program.
Cities in Federal Theory Workshop
20 - 21 June 2019
Melbourne Law School
Call for Papers
Cities, especially metropolitan cities and megacities, are unique socio-economic spaces where there is constant need to reconcile diversity and social cohesion through legal tools. Academic scholarship has extensively studied cities from different perspectives (anthropology, sociology, etc), while in federalism studies a voluminous literature exists on local governance. Yet, the city remains an understudied subject from a strictly legal/constitutional perspective.
The purpose of this workshop is to gather scholars from around the world and engage in a broad discussion about the role and place of cities in federalism. More precisely, the workshop aims at investigating whether metropolitan areas in federal and quasi-federal systems have the potential to become the new strategic level of governance to accommodate diverse communities in vast areas displaying unique socio-economic and political traits, as well as the legal stratagems and tools to better respond to the specific pressures and exigencies of densely populated areas. Although the structure and powers vested to cities differ from one another, in a more and more globalized and connected world the attention for cities also testifies to a parallel return to the bottom, to the local dimension, to the very basic core of the social community: this is where the principle of subsidiarity might come into play.
Applications are invited from scholars in full-time post-doctoral fellowships or from entry level academics (i.e. academics who have held a full time academic appointment for no more than 5 years) who wish to submit a paper for discussion on the final day of the Institute.
Applications are invited from scholars wishing to submit a paper exploring one of the following major themes:
- The city as a legal concept
- How cities are treated in federal and quasi-federal systems (examples include capital cities, city-states)
- The way forward and future developments
To apply submit:
- An abstract no longer than 750 words, and list which of the above themes you are addressing
- A current curriculum vitae
- In the email, identify your submission with the following subject line heading “Cities in Federal Theory”
Selected papers will be proposed for a publication of conference proceedings.
Email your inquiries and applications to the Workshop Chair, Dr. Erika Arban by 1 November 2018.
This workshop is an initiative of the Laureate Program in Comparative Constitutional Law, a program funded by the Australian Research Council for 2017-2022 and based at Melbourne Law School, which is also home to a large group of comparative constitutional law scholars working at the Centre for Comparative Constitutional Studies at the University of Melbourne.
Application Submission Due Date: 1 November 2018
Notification of Acceptance: 15 December 2018
Paper Submission Due Date: 1 May 2019
Workshop Dates: 20 - 21 June 2019