Constitutional identity and “procedural sameness”

The “procedural sameness” of the constitutional subject is one of the contents of the identity of the constitution. It is ensured by an inclusive constitution-making process, tiered amendment mechanism and in the Member States of the EU, the entrenched-like decision-making processes in European matters. By exploring theses mechanism in the Global North and Global South, the paper seeks to answer the following research questions. Is the inclusion of “constitutional identity”, such as some of the concepts of the Global South, like multiculturalism, multiethnicity, new notions (Pachamama, Sumak Kawsay, historical constitution, communitarianism, indigenous laws, etc.) to the constitutions originally emerged in the society, as it was in the case of some European constitutions? Or, instead, is it the constitutions, significantly influenced by autocratic and populist political elite, which imposed them. How are these values liable to change? What kind of constitutionalism can they facilitate?