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

Offers an extensive, theoretical, comparative, normative, and empirical account of the concept of constitutional identity.

Ran Hirschl (Edited by), Yaniv Roznai (Edited by)

9781009473248, Cambridge University Press

Hardback, published 21 March 2024

386 pages
23.5 x 15.8 x 2.6 cm, 0.72 kg

'This book belongs on the desk of every scholar of comparative constitutionalism. It showcases leading voices in the field, each digging deeply into the core of constitutions to excavate novel insights that will endure for years to come. A must-read, curated by two of the best constitutionalists in the world.' Richard Albert, Professor of World Constitutions, The University of Texas at Austin

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 Eugénie Mérieau
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 Bâli 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.

Subject Areas: Constitutional & administrative law [LND]