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.
We look forward to welcoming you on July 3-5, 2023 for our Annual Conference entitled "Islands and Ocean: Public Law in a Plural World." The conference will take place at the Victoria University of Wellington, in New Zealand.
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