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  3. Deciphering the Genome of Constitutionalism
  • Cited by 1
Publisher:
Cambridge University Press
Online publication date:
March 2024
Print publication year:
2024
Online ISBN:
9781009473194
DOI:
https://doi.org/10.1017/9781009473194
Subjects:
Constitutional and Administrative Law, Political Theory, Law, Comparative Law, Politics and International Relations, Comparative Politics
Series:
Comparative Constitutional Law and Policy
Information

Book description

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.

Reviews

‘Constitutions do not just constitute and regulate public power. They shape our collective identity. This volume brings together leading constitutional scholars from around the world to interrogate this idea of ‘constitutional identity' - including its conceptual foundations and empirical manifestations in a wide range of jurisdictions. It should be read by all those interested in how to create and sustain stable constitutional systems in ‘which we the people' see ourselves in our founding document and practices.'

Rosalind Dixon - Scientia Professor of Law, University of New South Wales

‘Gary Jacobsohn's concept of 'constitutional identity' has proven central both for comparative constitutional studies and for grasping key political struggles in most nations today. Building on Jacobsohn's brilliant work, the stunning array of scholars assembled by Ran Hirschl and Yaniv Roznai in this volume illuminate major theoretical and political issues throughout history and around the world.'

Rogers M. Smith - Christopher H. Browne Distinguished Professor of Political Science, University of Pennsylvania

‘Combining nation-specific and conceptual studies, this valuable collection consolidates and deepens our understanding of the place constitutional identity has in today's world. Showing that constitutional identities are dynamic, contested, and politically constructed, the essays also probe the frontier where constitutional identity meets the universal claims of constitutionalism as such. The book is a fitting tribute to Gary Jacobsohn's contributions to comparative constitutional law.'

Mark Tushnet - William Nelson Cromwell Professor of Law, Harvard Law School

‘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

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