By Gary Jeffrey Jacobsohn
In Constitutional identification, Gary Jeffrey Jacobsohn argues structure acquires an id via experience—from a mixture of the political aspirations and commitments that categorical a nation’s earlier and the will to go beyond that earlier. it's changeable yet proof against its personal destruction, and manifests itself in numerous methods, as Jacobsohn exhibits in examples as faraway as India, eire, Israel, and the us. Jacobsohn argues that the presence of disharmony—both the tensions inside a constitutional order and those who exist among a constitutional record and the society it seeks to regulate—is serious to realizing the idea and dynamics of constitutional id. He explores constitutional identity’s nice sensible value for a few of constitutionalism’s so much vexing questions: Is an unconstitutional structure attainable? Is the judicial perform of utilizing overseas assets to solve family felony disputes a probability to very important constitutional pursuits? How are the competing calls for of transformation and maintenance in constitutional evolution to be balanced?
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Extra info for Constitutional Identity
In this sense the identity of any constitution presumes that, as noted by Robert C. ” 29 This relationship is an essential element in understanding the ways in which constitutional disharmony drives the process of identity 28. Michael Kenny, The Politics of Identity: Liberal Political Theory and the Dilemmas of Difference (Cambridge: Polity, 2004), 101. 29. Robert C. Post, “The Supreme Court, 2002 Term—Forward: Fashioning the Legal Constitution: Culture, Courts, and Law,” 117 Harvard Law Review (2003), 8.
Sanford Levinson, Constitutional Faith (Princeton, NJ: Princeton University Press, 1988), 124. 27. Tushnet, “Some Reflections on Method,” 79. Introduction 13 according to the (extreme secular) principles of its founder, and Ireland in accordance with the precepts of Christian theology. This in turn tends to yield a static view of constitutional identity, fi xing its content in the codified affirmations of a specific time and place, whereas a more modest understanding of the constitution’s expressive function is compatible with the position taken in this book.
47. Sarah Harding, “Comparative Reasoning and Judicial Review,” 28 Yale Journal of International Law 410 (2003), 462. One answer to this query is that attention to other possibilities abroad might actually underline the distinctive features of the local identity. H. ”49 Abundantly clear from the arguments advanced by the bill’s supporters was an understanding of the American Constitution as having incorporated a Christian identity within the folds of its spare provisions. Restoring the Constitution to its status as a God-friendly charter meant, to a large degree, excluding foreign influences—mainly European—from undermining that distinctive identity.
Constitutional Identity by Gary Jeffrey Jacobsohn