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17 - Constitutional Identity, Constitutional Politics, and Constitutional Revolutions

from Part III - American Constitutionalism and Constitutional Identity

Published online by Cambridge University Press:  14 March 2024

By
Mark A. Graber
Edited by
Ran Hirschl  and
Yaniv Roznai
Ran Hirschl
Affiliation:
University of Toronto
Yaniv Roznai
Affiliation:
Reichman University, Israel
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Summary

This essay explores different relationships between constitutional identity and constitutional politics. One purpose is descriptive. The first five sections briefly discuss the five relationships between constitutional identity and constitutional politics. Constitutional politics may be an instrumental means for achieving a particular constitutional identity; the means designed to achieve a particular constitutional identity; constitutive of constitutional identity; the constitutionally prescribed means for achieving a constitutional identity; or the constitutionally prescribed means for achieving any constitutional identity. The more fundamental goal is to undermine the “apple of gold” metaphor as a device for thinking about constitutional regimes. Constitutional politics in most constitutional regimes is as constitutive of constitutional identity as the substantive principles announced in such documents as the Declaration of Independence.

Keywords

constitutional identityconstitutional politicsconstitutional revolutionapple of goalAbraham Lincolninstitutions
Type
Chapter
Information
Deciphering the Genome of Constitutionalism
The Foundations and Future of Constitutional Identity
 , pp. 216 - 228
Publisher: Cambridge University Press
Print publication year: 2024

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