Enric Fossas Warns of 21st-Century Threats to Constitutionalism
Professor Enric Fossas, key figure in Andorra's Constitution, lectures on globalisation, populism, diversity, and AI challenges at 33rd anniversary.
Key Points
- Globalisation creates constitutional pluralism with supranational influences like EU courts.
- Populism fosters illiberal democracies by weakening institutions like constitutional courts.
- Cultural diversity demands adaptation of ethnocentric European constitutions.
- AI benefits power and requires prioritising human freedom in constitutional frameworks.
The General Council and the Constitutional Court hosted a lecture this evening by Enric Fossas, professor of constitutional law at the University of Andorra since 2007, on the challenges facing constitutionalism in the 21st century. The event formed part of the commemorations marking the 33rd anniversary of Andorra's Constitution.
Fossas, who served as legal advisor to the Episcopal Co-Prince during the drafting of the Constitution in 1991 and 1992, and who co-authored the General Council's standing orders with Isidre Molas, outlined key pressures on modern constitutional frameworks. He focused on globalisation, populism, cultural diversity, and emerging technologies.
On globalisation, Fossas noted that it introduces actors operating at different levels—such as supranational bodies—that influence national constitutions. He cited Europe as an example of "constitutional pluralism," where national constitutional courts must navigate alongside bodies like the European Court of Human Rights.
Populism, he argued, often leads to illiberal democracies when it gains power. These movements concentrate authority in elected leaders based on popularity, clashing with state institutions that protect freedoms, such as constitutional courts. Fossas warned that populists seek to weaken these bodies through legal reforms or by attempting to control them.
Addressing cultural diversity, he pointed out that European constitutions remain ethnocentric, requiring adaptation to increasingly multicultural and plurinational societies. New mechanisms will be needed to reflect this reality in constitutional texts.
Finally, Fossas highlighted new technologies, particularly artificial intelligence, describing it as a radical shift that is neither merely a tool nor neutral. "It is a tool that clearly benefits power," he stressed. He said modern constitutionalism must prioritise human freedom over algorithms, ensuring AI adheres to democratic and constitutional standards.
Original Sources
This article was aggregated from the following Catalan-language sources: