scholarly journals The Idea of Constitutional Identity in the Modern Constitutional Thought

Author(s):  
Anahit Manasyan
Author(s):  
W. Elliot Bulmer

The rise of the Scottish national movement has been accompanied by the emergence of distinct constitutional ideas, claims and arguments, which may affect constitutional design in any future independent Scotland. Drawing on the fields of constitutional theory, comparative constitutional law, and Scottish studies, this book examines the historical trajectory of the constitutional question in Scotland and analyses the influences and constraints on the constitutional imagination of the Scottish national movement, in terms of both the national and international contexts. It identifies an emerging Scottish nationalist constitutional tradition that is distinct from British constitutional orthodoxies but nevertheless corresponds to broad global trends in constitutional thought and design. Much of the book is devoted to the detailed exposition and comparative analysis of the draft constitution for an independent Scotland published by the SNP in 2002. The 2014 draft interim Constitution presented by the Scottish Government is also examined, and the two texts are contrasted to show the changing nature of the SNP’s constitutional policy: from liberal-procedural constitutionalism in pursuit of a more inclusive polity, to a more populist and majoritarian constitutionalism.


Author(s):  
David Randall

The changed conception of conversation that emerged by c.1700 was about to expand its scope enormously – to the broad culture of Enlightenment Europe, to the fine arts, to philosophy and into the broad political world, both via the conception of public opinion and via the constitutional thought of James Madison (1751–1836). In the Enlightenment, the early modern conception of conversation would expand into a whole wing of Enlightenment thought. The intellectual history of the heirs of Cicero and Petrarch would become the practice of millions and the constitutional architecture of a great republic....


ICL Journal ◽  
2020 ◽  
Vol 14 (2) ◽  
pp. 133-165
Author(s):  
Elisa Bertolini

AbstractThe article analyses the impact that the diminutive size of the four continental Europe micro states has upon their constitutional arrangements and their approach toward continental integration mechanisms. Generally speaking, the international commitment toward integration mechanisms is one of the distinguishing traits of micro states. It may seem a paradox, but actually the international dimension is much more strategic for micro than for macro states. However, being micro territorial enclaves demanded certain ability from the part of European micro states when managing foreign relations in order not to be swallowed by their macro neighbours. Therefore, they carried out for centuries a cautious policy of ‘guarded openness’, trying to strike a balance between the maintenance of their traditional institutions and the need to interact on a continental scale. Constitutional systems that at a first glance are unusual may be an obstacle to integration and thus have to be reformed. However, not too much, because otherwise the whole system may implode if deprived of its original constitutional balance. The protection of national tradition and identity is conservative, in the sense that it arises from the necessity of self-preservation, rather than from ideology. The article claims that the ambivalent approach of continental Europe micro states have when interacting with macro states within the Council of Europe and the EU directly derives from their diminutive size. Furthermore, the relevant role played by the diminutive size is proved by the fact that recently the EU adopted a specific micro states approach. Hence, the article also aims at investigating how they try to strike a balance between the commitment toward self-preservation – ie their constitutional identity – and the commitment toward continental integration mechanisms.


2015 ◽  
Vol 4 (3) ◽  
pp. 289-327 ◽  
Author(s):  
OR BASSOK

AbstractAs long as the American Constitution serves as the focal point of American identity, many constitutional interpretative theories also serve as roadmaps to various visions of American constitutional identity. Using the debate over the constitutionality of the Patient Protection and Affordable Care Act, I expose the identity dimension of various interpretative theories and analyse the differences between the roadmaps offered by them. I argue that according to each of these roadmaps, courts’ authority to review legislation is required in order to protect a certain vision of American constitutional identity even at the price of thwarting Americans’ freedom to pursue their current desires. The conventional framing of interpretative theories as merely techniques to decipher the constitutional text or justifications for the Supreme Court’s countermajoritarian authority to review legislation and the disregard of their identity function is perplexing in view of the centrality of the Constitution to American national identity. I argue that this conventional framing is a result of the current understanding of American constitutional identity in terms of neutrality toward the question of the good. This reading of the Constitution as lacking any form of ideology at its core makes majority preferences the best take of current American identity, leaving constitutional theorists with the mission to justify the Court’s authority to diverge from majority preferences.


2021 ◽  
Author(s):  
Vladan Petrov ◽  

With this paper the author completes his analysis of the reference historical constitutions and its influence on the constitutional identity of modern Serbia. Reffering to the effects of constitutional identity "outside" (preservation of state sovereignty) and "inside" (the "core" of the constitution), the author analyzes the functional failures and substantive controversies of the Vidovdan Constitution. Inconsistent normative solutions of this constitution, a deep socio-political crisis and an unresolved national question in the newly created state were an insurmountable obstacle to building the national constitutional identity. However, the symbolism of the date of adoption of the Constitution and the fact that, at least formally, it was the last classical constitution of the liberal-democratic type until the 1990s and the entry into force of the 1990 Serbian Constitution, make the Vidovdan Constitution a reference text for studying the constitutional identity of modern Serbia.


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