The concept of constitutional identity has recently seen a particular diffusion from liberal into illiberal uses. Where liberal uses of constitutional identity point to the particular ways in which a polity has enabled itself to exist under conditions of constitutionalism, illiberal uses of constitutional identity seize upon the concept as a means of political closure and a way of pre-empting political processes. This paper will trace this conceptual diffusion through comparative and theoretical analysis, looking at the German and Hungarian cases first and foremost, with a particular focus on Hungarian claims of defending 'social homogeneity' as a matter of constitutional identity first raised in the context of the Syrian refugee crisis.
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!