Article

Constitutional Identity

Michel Rosenfeld

in The Oxford Handbook of Comparative Constitutional Law

Published in print May 2012 | ISBN: 9780199578610
Published online November 2012 | | DOI: http://dx.doi.org/10.1093/oxfordhb/9780199578610.013.0037

Series: Oxford Handbooks in Law

Constitutional Identity

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‘Constitutional identity’ is an essentially contested concept as there is no agreement over what it means or refers to. Conceptions of constitutional identity range from focus on the actual features and provisions of a constitution — for example, does it establish a presidential or parliamentary system, a unitary or federal state — to the relation between the constitution and the culture in which it operates, and to the relation between the identity of the constitution and other relevant identities, such as national, religious, or ideological identity. This article discusses the place and function of constitutional identity; the identity of constitutional models; identity and constitution-making; identity through constitutional interpretation; and the problem of identity in supranational constitutions.

Keywords: constitutional identity; constitutional models; constitution-making; constitutional interpretation; supranational constitutions

Article.  11572 words. 

Subjects: Law ; Comparative Law ; Constitutional and Administrative Law

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