Sajó argues that constitutions, rather than being forward-looking, ‘reflect the fears originating in, and related to, the previous political regime’. Exploring this thesis in reference to contemporary constitutions drafted as part of peace-making or regime change processes, I argue that not only are constitutions shaped by historical circumstances, but that they create and utilise historical narratives in pursuit of political goals. First, constitutions may embrace or reject history in pursuit of constitutional change. Second, in some cases history is explicitly invoked to justify particular constitutional provisions. Third, a number of constitutions mandate the teaching of history so that the constitutional text ensures the continuation of certain historical narratives. Finally, I consider how judges interpret constitutional texts in an historical context. Considering the increasing use of transnational law, I question what role historical references play in constitutional law.
Our 2020 Annual Conference was scheduled to be held at the University of Wrocław in Poland on July 9-11, 2020.
Due to the COVID-19 pandemic, our next Annual Conference will take place from July 8-10, 2021. The conference, "ICON•S Mundo", will be held online. Details regarding the organization of the 2021 Conference will follow soon.Join ICON•S