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  • 17 - Constitutional Identity, Constitutional Politics, and Constitutional Revolutions

  • from Part III - American Constitutionalism and Constitutional Identity
  • Edited by Ran Hirschl, University of Toronto, Yaniv Roznai, Reichman University, Israel
  • Book:
    Deciphering the Genome of Constitutionalism
    Published online:
    14 March 2024
    Print publication:
    21 March 2024, pp 216-228

  • 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.