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26 - Conclusion

The Past, Present, and Future of Constitutional Identity

from Part IV - Emerging Trends

Published online by Cambridge University Press:  14 March 2024

By
Christina Bambrick  and
Connor M. Ewing
Edited by
Ran Hirschl  and
Yaniv Roznai
Ran Hirschl
Affiliation:
University of Toronto
Yaniv Roznai
Affiliation:
Reichman University, Israel
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Summary

In this concluding chapter, we identify two potent contributions of the concept of constitutional identity, underscoring and exploring its relationship with the associated ideas of disharmony and difference. We first discuss the relationship between constitutional identity and constitutional development, before turning to lessons that the concept of constitutional identity offers both scholars and practitioners. Against this background, we then identify three promising areas for future scholarly reflection and briefly sketch the first steps of a research agenda oriented towards carrying forward the project limned in this volume. Inspired by the analytic purpose underlying the concept of constitutional identity, our comments in this section are intended to be less prescriptive than interpretive. The scholarly futures we discuss emerge as much from the political world in which constitutional governance must now proceed as from the progress that scholars have made towards understanding the aspirations of that enterprise.

Keywords

constitutional identitydisharmonydialogueconstitutional developmentdifferencediversityindeterminacyessentially contested concept
Type
Chapter
Information
Deciphering the Genome of Constitutionalism
The Foundations and Future of Constitutional Identity
 , pp. 345 - 356
Publisher: Cambridge University Press
Print publication year: 2024

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References

Balkin, Jack. 2020. The Cycles of Constitutional Time. New York: Oxford University Press.CrossRefGoogle Scholar
Bermeo, Nancy. 2016. “On Democratic Backsliding.” Journal of Democracy 27 (1): 5–19.CrossRefGoogle Scholar
Coppedge, Michael. 2017. “Eroding Regimes: What, Where, and When?” V-Dem Working Paper Series 57.Google Scholar
Eatwell, Roger and Goodwin, Matthew. 2018. National Populism: The Revolt against Liberal Democracy. London: Pelican Books.Google Scholar
Elkins, Zachary, Ginsburg, Thomas, and Melton, James. 2009. The Endurance of National Constitutions. New York: Cambridge University Press.CrossRefGoogle Scholar
Gallie, Walter Bryce. 1956. “Essentially Contested Concepts.” Proceedings of the Aristotelian Society 56: 167–198.CrossRefGoogle Scholar
Gallie, Walter Bryce. 1964. Philosophy and the Historical Understanding. New York: Schocken Books.Google Scholar
Ginsburg, Tom and Versteeg, Mila. 2017. “Measuring the Rule of Law: A Comparison of Indicators.” Law & Social Inquiry 42: 100–137.Google Scholar
Greenstone, J. David. 1993. The Lincoln Persuasion: Remaking American Liberalism. Princeton: Princeton University Press.Google Scholar
Hirschl, Ran. 2004. Towards Juristocracy: The Origins and Consequences of the New Constitutionalism. Cambridge: Harvard University Press.Google Scholar
Hirschl, Ran. 2014. Comparative Matters. New York: Oxford University Press.Google Scholar
Jacobsohn, Gary. 1986. The Supreme Court and the Decline of Constitutional Aspiration. Totowa, NJ: Rowman and Littlefield.Google Scholar
Jacobsohn, Gary. 1993. Apple of Gold: Constitutionalism in Israel and the United States. Princeton: Princeton University Press.Google Scholar
Jacobsohn, Gary. 2010. Constitutional Identity. Cambridge: Harvard University Press.Google Scholar
Jacobsohn, Gary. 2011. “Rights and American Constitutional Identity.” Polity 43 (4): 409–431.CrossRefGoogle Scholar
Jacobsohn, Gary. 2012. “Constitutional Values and Principles.” In The Oxford Handbook of Comparative Constitutional Law, edited by Rosenfeld, Michel and Sajó, András, 777–792. New York: Oxford University Press.Google Scholar
Jacobsohn, Gary. 2016. “Constitutional Identity.” In The Oxford Handbook of the Indian Constitution, edited by Choudhry, Sujit, Khosla, Madhav, and Mehta, Pratap Bhanu, 110–126. New York: Oxford University Press.Google Scholar
Jacobsohn, Gary and Roznai, Yaniv. 2020. Constitutional Revolution. New Haven: Yale University Press.Google Scholar
Loughlin, Martin. 2022. Against Constitutionalism. Cambridge: Harvard University Press.Google Scholar
MacIntyre, Alaisdair. 1981. After Virtue: A Study in Moral Theory. South Bend: University of Notre Dame Press.Google Scholar
Norris, Pippa and Inglehart, Ronald. 2019. Cultural Backlash: Trump, Brexit and Authoritarian Populism. New York: Cambridge University Press.CrossRefGoogle Scholar
Orren, Karen and Skowronek, Stephen. 2004. The Search for American Political Development. New York: Oxford University Press.CrossRefGoogle Scholar
Revelli, Marco. 2019. The New Populism: Democracy Stares into the Abyss, trans. David Broder. New York: Verso.Google Scholar
Rodriguez, Philippe-André. 2015. “Human Dignity as an Essentially Contested Concept.” Cambridge Review of International Affairs 28 (4): 743–756.CrossRefGoogle Scholar
Rosenfeld, Michel. 2010. The Identity of the Constitutional Subject: Selfhood, Citizenship, Culture, and Community. New York: Routledge.Google Scholar
Rosenfeld, Michel. 2012. “Constitutional Identity.” In The Oxford Handbook of Comparative Constitutional Law, edited by Rosenfeld, Michel and Sajó, András, 756–776. New York: Oxford University Press.CrossRefGoogle Scholar
Thomas, George. 2011. “What is Political Development? A Constitutional Perspective.” Review of Politics 73 (2): 275–294.CrossRefGoogle Scholar
Thomas, George. 2024. “The Constitution at War with Itself: Race, Citizenship, and the Forging of American Constitutional Identity.” In Deciphering the Genome of Constitutionalism: The Foundations and Future of Constitutional Identity, edited by Ran Hirschl and Yaniv Roznai, 205. Cambridge and New York: Cambridge University Press.Google Scholar
Troper, Michel. 2010. “Behind the Constitution? The Principle of Constitutional Identity in France.” In Constitutional Topography: Values and Constitutions, edited by Sajó, András and Uitz, Renata, 187–203. The Hague: Eleven International Publishing.Google Scholar
Waldner, David and Lust, Ellen. 2018. “Unwelcome Change: Coming to Terms with Democratic Backsliding.” Annual Review of Political Science 21: 93–113.CrossRefGoogle Scholar
Waldron, Jeremy. 2002. “Is the Rule of Law an Essentially Contested Concept (In Florida)?” Law and Philosophy 21 (2): 137–164.Google Scholar

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