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http://ssrn.com/abstract=870437
 
 

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The Problem of 'Identity' in Constitution-Making and Constitutional Reform


Michel Rosenfeld


Benjamin N. Cardozo School of Law

December 14, 2005

Cardozo Legal Studies Research Paper No. 143

Abstract:     
Constitution-making and constitutional reform, as recent examples in the European Union and Iraq indicate, cannot succeed unless there is an existing constitutional identity or one in the making. Constitutional identity differs from national identity, but must perforce incorporate aspects of pre-constitutional and extra-constitutional identity. The paper distinguishes between five constitutional models and four constitution-making models and argues that every viable constitutional identity is shaped by some of these or by combinations involving aspects of several of these. Consistent with this, the relevant differences between constitution-making, amending the constitution, revising the constitution, and constitutional reform are substantive and contextual rather than formal, and involve greater or lesser changes to constitutional identity.

Number of Pages in PDF File: 25

Keywords: constitution, identity, subjectivity

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Date posted: December 16, 2005  

Suggested Citation

Rosenfeld, Michel, The Problem of 'Identity' in Constitution-Making and Constitutional Reform (December 14, 2005). Cardozo Legal Studies Research Paper No. 143. Available at SSRN: http://ssrn.com/abstract=870437 or http://dx.doi.org/10.2139/ssrn.870437

Contact Information

Michel Rosenfeld (Contact Author)
Benjamin N. Cardozo School of Law ( email )
55 Fifth Ave.
New York, NY 10003
United States
212-790-0234 (Phone)
212-790-0205 (Fax)
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