Skip to main content Accessibility help
×
Hostname: page-component-848d4c4894-5nwft Total loading time: 0 Render date: 2024-05-29T08:17:48.401Z Has data issue: false hasContentIssue false

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
Get access

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

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

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

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×