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Deciphering the Genome of Constitutionalism: The Foundations and Future of Constitutional Identity

Deciphering the Genome of Constitutionalism: The Foundations and Future of Constitutional Identity

Author: Ran Hirschl; Yaniv Roznai
Publisher: Cambridge University Press
ISBN: 9781009473248
Published In: March 2024
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Constitutional identity has become one of the most important and hotly contested concepts in contemporary constitutional theory and practice. It has been repeatedly invoked in debates concerning EU integration, constitutional reform and revolution, and the spread of ethno-nationalist populism, democratic backsliding, and constitutional retrogression. Yet, the concept's precise foundations, meaning, scope, and dynamics of continuity and change remain somewhat unclear and under-explored. This contemporary and definitive volume aims to address this stark gap. Featuring some of the world's leading scholars of comparative constitutionalism, constitutional theory, and constitutional politics, this book provides a comprehensive, first-of-its-kind theoretical, comparative, normative, and empirical account of the concept of constitutional identity. It will be of great interest to scholars, students, jurists, and constitutional drafters alike.

Introduction - the quandaries and parables of constitutional identity - Ran Hirschl and Yaniv Roznai

Part I. Foundations, Theory and Concepts:

1. Rousseau's sovereignty and the concept of constitutional identity - Howard Schweber 2. Constitutional identity - cracking the genetic code of the constitution - Monika Polzin 3. Constitutional identity as discourse: mis-identity and dis-identity - Jaclyn L. Neo 4. Constitutional identity and constitutional revolution - Stephen Gardbaum - 5. The death of the constituent power - Victor Ferreres Comella 6. Constitutional identity as a source of ontological security - Joanne Wallis 7. The crisis in, and of, constitutional identity - Upendra Baxi

Part II. Comparative Perspectives:

8. Confucian constitutional identity - Bui Ngoc Son 9. '(A-)Religious and democratic' militant dual constitutional identities and the turn to illiberalism: the case of France - Eugenie Merieau 10. Constitutional identity in Bangladesh - complexity and contestations - Ridwanul Hoque 11. Clashing Identities? Traditional authority and constitutionalism in Africa - Heinz Klug 12. Imposed revolution? 'August Revolution,' 'Imposed Constitution,' and the identity of the constitution of Japan - Keigo Komamura 13. India - a constitution in search of an identity - Gautam Bhatia

Part III. American Constitutionalism and Constitutional Identity:

14. 'This is (not) who we are' - reflections on 1619 and the search for a singular constitutional identity - Sanford Levinson 15. Constitutional aspirationalism revisited - Justin Buckley Dyer 16. The constitution at war with itself - race, citizenship, and the forging American constitutional identity - George Thomas 17. Constitutional identity, constitutional politics, and constitutional revolutions - Mark A. Graber 18. American constitutional exceptionalism, constitutional identity, and democracy - Miguel Schor

Part IV. Emerging Trends

19. Constitution making and disharmonic identity - Asli Bali and Hanna Lerner 20. Constitutional identity and unamendability - Oran Doyle 21. Illiberal constitutionalism and the abuse of constitutional identity - Gabor Halmai and Julian Scholtes 22. Deconstructing constitutional identity in light of the turn to populism - Michel Rosenfeld 23. Unconstitutional constitutional identities in the European Union - Pietro Faraguna 24. What counts as constitutional identity? - Mila Versteeg 25. Contrariness and contradiction in constitutional law - Zachary Elkins and Tom Ginsburg 26. Conclusion - the past, present and future of constitutional identity - Christina Bambrick and Connor M. Ewing