Constitutional identity and political closure

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.