Constructing the Constitutional Self: Meaning, Value, and Abuse of Constitutional Identity

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Colleges, School and Institutes

Abstract

The concept of constitutional identity has been criticized for being too
indeterminate and prone to abuse by authoritarian governments. It has been suggested that constitutional identity should be eliminated from European constitutional discourse. This article argues against the banishment of constitutional identity. First, it shows that the critiques of constitutional identity fail to engage with the concept properly and do not offer a credible alternative. Second, the article advances an account of the concept and normative value of constitutional identity. Third, the article argues that such an account of constitutional identity allows us to recognize instances of its abuse.

Details

Original languageEnglish
Pages (from-to)359-384
Number of pages26
JournalUnion University Law Review
Volume11
Issue number2
Publication statusPublished - 29 Dec 2020

Keywords

  • constitutional identity, constitutional pluralism, EU law, constitutional adjudication, constitutional interpretation, populism