What is constitutional identity and how is it distinguishable from other identities? This question has become important as populism spreads across jurisdictions, especially those built upon identity politics, raising the specter of authoritarianism with effects on minorities and individual rights. Constitutional identity, in anchoring itself within the constitutional text, can sometimes be seen as an important rational counterpart to other sources of identity. However, it is not always clear if constitutional identity is a normative liberal democratic concept, or simply a descriptive or explanatory one. Furthermore, is it important to consider the relationship between constitutional identity and other identities, specifically whether they must be overlapping or at least not inconsistent. This paper will explore some of these questions and identify ways in which constitutional identity could be employed for illiberal or exclusionary aims.
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. We will be announcing more details about the conference soon, including financial support to early career and global south scholars!