Search results

Constitutional identity has become one of the most important and hotly contested concepts in contemporary constitutional theory and practice. It has been repeatedly invoked in debates concerning EU integration, constitutional reform and revolution, and the spread of ethno-nationalist populism, democratic backsliding, and constitutional retrogression. Yet, the concept's precise foundations, meaning, scope, and dynamics of continuity and change remain somewhat unclear and under-explored. This contemporary and definitive volume aims to address this stark gap. Featuring some of the world's leading scholars of comparative constitutionalism, constitutional theory, and constitutional politics, this book provides a comprehensive, first-of-its-kind theoretical, comparative, normative, and empirical account of the concept of constitutional identity. It will be of great interest to scholars, students, jurists, and constitutional drafters alike.

Introduction -- Part I: Emergency, Exception and Normalcy -- Chapter 1. From Institutional Sovereignty to Constitutional Mindset: Rethinking the Domestication of the State of Exception in the Age of Normalization -- Chapter 2.Judicial Review and Emergencies in Post-Marcos Philippines -- Chapter 3. Constitution and Law as Instruments for Normalising Abnormalcy: The Sri Lankan and Indian Experience -- Chapter 4. Political Emergencies as Challenges to the Impartiality of Public Law -- Part II: Terrorism and Warfare -- Chapter 5. Human Rights in Times of Terror – A Judicial Point of View -- Chapter 6. Detaining Unlawful Combatants in Israel: A Matter of Misiniterpretation? -- Chapter 7. The Law Governing the Rights of Enemy Aliens' Access to Courts -- Chapter 8. Emergencies and Constitutional Rights in a Time of Terror Threat in the Czech Republic: Do We Need a New Dimension of Emergency? -- Part III: Constitution-Making and Constitutional Change -- Chapter 9. Authoritative Constitution-Making in the Name of Democracy? -- Chapter 10. Again: From 1867 to Today, Making a Constitution Under an Elite Umbrella in Turkey -- Chapter 11. Constitution-Making, Political Transition and Reconciliation in Tunisia and Egypt: A Comparative Perspective -- Chapter 12. Security Sector Reform in Timor-Leste After the Constitutional Exception -- Part IV: Constitutionalism for Divided Societies -- Chapter 13. The Constitutionalism of Emergency: Multinationalism Behind Asymmetrical Constitutional Arrangements -- Chapter 14. The Paradox of Territorial Autonomy: How Subnational Representation Leads to Secessionist Preferences -- Chapter 15. Entrenching Hegemony in Cyprus: The Doctrine of Necessity and the Principle of Bicommunality -- Part V: Public Health, Financial and Economic Crises -- Chapter 16. The 'Judicialization' of Emergency: The Case of the Eurozone Crisis -- Chapter 17. Financial Crisis as a New Genus of Constitutional Emergency? -- Chapter 18. Public Health Emergencies and Constitutionalism Between the National and the International -- Chapter 19. Conclusion.