Choice and fraud: Conceptualizing and operationalizing identity by public law

The paper investigates the role of public law in identity politics, identifying potential angles to the scrutiny, such as (i) whether are there are existing legal definitions for the “source” of identity; (ii) whether the definitions concern the majority community (or communities), or only minorities, and whether there are illuminative differences; (iii) how membership criteria are established in these communities; (iv) whether the dominant angle of legal conceptualization centers on subjectivity or objective criteria and definitions; (v) how constitutional identity surfaces in the state endorsing certain cultural values, and how the imposition of these norms actually affect individuals; (vi) the legal-administrative conceptualization of “choice” and “fraud.” Here a case study will is provided on whether international law recognizes the right to the free choice of identity.