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4 - Constitutional Identity and Constitutional Revolution

from Part I - Foundations, Theory, and Concepts

Published online by Cambridge University Press:  14 March 2024

Ran Hirschl
Affiliation:
University of Toronto
Yaniv Roznai
Affiliation:
Reichman University, Israel
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Summary

This chapter explores and develops the relationship between two key concepts that have been central to Gary Jacobsohn’s work over the past decade or so: constitutional identity and constitutional revolution. In particular, it addresses the issues of (1) how and to what extent constitutional revolutions impact constitutional identity, (2) whether they do so in a single or uniform way, and (3) the implications of the broadening of the concept of constitutional revolution in the recent book for the possibility of the “substitution of one constitutional identity for another.” With respect to the latter, the chapter identifies a certain resistance in the new book to the idea of a new constitutional identity but argues both that its thesis is perfectly consistent with this possibility and that the idea provides the best way to understand certain constitutional revolutions.

Type
Chapter
Information
Deciphering the Genome of Constitutionalism
The Foundations and Future of Constitutional Identity
, pp. 56 - 62
Publisher: Cambridge University Press
Print publication year: 2024

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References

Ackerman, Bruce. 1997. ‘The Rise of World Constitutionalism’. Virginia Law Review 83: 771797.CrossRefGoogle Scholar
Dannemann, Gerhard. 2012. ‘Comparative Law: Study of Similarities or Differences?’ In The Oxford Handbook of Comparative Law, edited by Reimann, Mathias and Zimmermann, Reinhard, 383420. Oxford: Oxford University Press.Google Scholar
Gardbaum, Stephen. 2017. ‘Revolutionary Constitutionalism’. International Journal of Constitutional Law 15: 173200.CrossRefGoogle Scholar
Jacobsohn, Gary. 2010. Constitutional Identity. Cambridge: Harvard University Press.Google Scholar
Jacobsohn, Gary, and Roznai, Yaniv. 2020. Constitutional Revolution. New Haven: Yale University Press.Google Scholar
Rosenfeld, Michel. 2009. The Identity of the Constitutional Subject: Selfhood, Citizenship, Culture and Community. Philadelphia: Routledge.CrossRefGoogle Scholar
Roux, Theunis. 2018. The Politico-Legal Dynamics of Judicial Review: A Comparative Analysis. Cambridge: Cambridge University Press.CrossRefGoogle Scholar

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