Solidarity as a Constitutional Value

The article examines how constitutions define and perceive solidarity. I look at constitutionally entrenched notions of domestic, trans-national, and cosmopolitan solidarity. I argue that solidarity is the basis of the mutual commitments that exist in a political community, and that in order to ensure that such commitments are defined and imposed in a just manner, it is important to recognize how the boundaries of the solidarity group are defined, who is included and who is excluded from such group, and what the nature of solidarity in a given community is. Constitutional law, I argue, plays a role in shaping these boundaries. Finally, I argue that although constitutional solidarity may intuitively be expected to endorse only intra-state solidarity – solidarity among members of the political community – constitutions can and do endorse notions of trans-national solidarity. I thus argue that constitutionalism can be an important source of bottom-up transnational and global solidarity.