Skip to main content Accessibility help
×
Hostname: page-component-7bb8b95d7b-s9k8s Total loading time: 0 Render date: 2024-10-05T04:39:13.586Z Has data issue: false hasContentIssue false

17 - Constitutional Identity, Constitutional Politics, and Constitutional Revolutions

from Part III - American Constitutionalism and Constitutional Identity

Published online by Cambridge University Press:  14 March 2024

Ran Hirschl
Affiliation:
University of Toronto
Yaniv Roznai
Affiliation:
Reichman University, Israel
Get access

Summary

This essay explores different relationships between constitutional identity and constitutional politics. One purpose is descriptive. The first five sections briefly discuss the five relationships between constitutional identity and constitutional politics. Constitutional politics may be an instrumental means for achieving a particular constitutional identity; the means designed to achieve a particular constitutional identity; constitutive of constitutional identity; the constitutionally prescribed means for achieving a constitutional identity; or the constitutionally prescribed means for achieving any constitutional identity. The more fundamental goal is to undermine the “apple of gold” metaphor as a device for thinking about constitutional regimes. Constitutional politics in most constitutional regimes is as constitutive of constitutional identity as the substantive principles announced in such documents as the Declaration of Independence.

Type
Chapter
Information
Deciphering the Genome of Constitutionalism
The Foundations and Future of Constitutional Identity
, pp. 216 - 228
Publisher: Cambridge University Press
Print publication year: 2024

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

References

Benedict, Michael Les. 1974. A Compromise of Principle: Congressional Republicans and Reconstruction 1863–1869. New York: W.W. Norton & Company.Google Scholar
Douglas, Stephen A. 1953. “Mr. Douglas’s Speech: First Debate with Stephen A. Douglas at Ottawa, Illinois.” In Collected Works of Abraham Lincoln. Vol. 3, edited by Roy, P. Basler. New Brunswick: Rutgers University Press.Google Scholar
Elkin, Stephen L. 2001. “The Constitutional Theory of the Commercial Republic.” Fordham Law Review 69 (5): 19331968.Google Scholar
Ely, John Hart. 1980. Democracy and Distrust: A Theory of Judicial Review. Cambridge: Harvard University Press.Google Scholar
Graber, Mark A. 2006. Dred Scott and the Problem of Constitutional Evil. New York: Cambridge University Press.CrossRefGoogle Scholar
Graber, Mark A. 2013. A New Introduction to American Constitutionalism. New York: Oxford University Press.CrossRefGoogle Scholar
Graber, Mark A. 2018. “What’s in Crisis? The Postwar Constitutional Paradigm, Transformative Constitutionalism, and the Fate of Constitutional Democracy.” In Constitutional Democracy in Crisis? edited by Graber, Mark A., Levinson, Sanford, and Tushnet, Mark. New York: Oxford University Press.Google Scholar
Graber, Mark A. 2023. Punish Treason, Reward Loyalty: The Forgotten Goals of Constitutional Reform After the Civil War. Lawrence: University Press of Kansas.CrossRefGoogle Scholar
Hirschl, Ran. 2004. Towards Juristocracy: The Origins and Consequences of the New Constitutionalism. Cambridge: Harvard University Press.Google Scholar
Hirschl, Ran. 2010. Constitutional Theocracy. Cambridge: Harvard University Press.CrossRefGoogle Scholar
Hofstadter, Richard. 1969. The Idea of a Party System: The Rise of Legitimate Opposition in the United States, 1780–1840. Berkeley: University of California Press.CrossRefGoogle Scholar
Jacobsohn, Gary Jeffrey. 1993. Apple of Gold: Constitutionalism in Israel and the United States. Princeton: Princeton University Press.Google Scholar
Jacobsohn, Gary Jeffrey. 2010. Constitutional Identity. Cambridge: Harvard University Press.Google Scholar
Jacobsohn, Gary Jeffrey. 2021. “Was Abraham Lincoln a Constitutional Revolutionary?Constitutional Studies 7: 7791.Google Scholar
Jacobsohn, Gary Jeffrey and Roznai, Yaniv. 2020. Constitutional Revolution. New Haven: Yale University Press.Google Scholar
Jefferson, Thomas. 1975. “The Declaration of Independence.” In The Portable Thomas Jefferson, edited by Peterson, Merrill D. New York: Penguin Books.Google Scholar
Jensen, Merrill ed. 1976. The Documentary History of the Ratification of the Constitution. Vol. 2. Madison: State Historical Society of Wisconsin.Google Scholar
Kaminski, John P. ed. 1995. A Necessary Evil? Slavery and the Debate Over the Constitution. Madison: Madison House Publishers.Google Scholar
Lijphart, Arend. 2012. Patterns of Democracy: Government Forms and Performance in Thirty-Six Countries (2nd ed.). New Haven: Yale University Press.Google Scholar
Lincoln, Abraham. 1953. “Fragment on the Constitution and the Union.” In Collected Works of Abraham Lincoln. Vol. 4, edited by Basler, Roy P.. New Brunswick: Rutgers University Press.Google Scholar
Lincoln, Abraham. 1953a. “Speech at Bloomington, Illinois.” In Collected Works of Abraham Lincoln. Vol. 3, edited by Basler, Roy P.. New Brunswick: Rutgers University Press.Google Scholar
Lincoln, Abraham. 1953b. “Speech at Springfield, Illinois.” In Collected Works of Abraham Lincoln. Vol. 2, edited by Basler, Roy P.. New Brunswick: Rutgers University Press.Google Scholar
Lincoln, Abraham. 1953c. “Address at Cooper Institute, New York City.” In Collected Works of Abraham Lincoln. Vol. 3, edited by Basler, Roy P.. New Brunswick: Rutgers University Press.Google Scholar
Lincoln, Abraham. 1953d. “Speech at Chicago, Illinois.” In Collected Works of Abraham Lincoln. Vol. 2, edited by Basler, Roy P.. New Brunswick: Rutgers University Press.Google Scholar
Lincoln, Abraham. 1953e. “Speech at New Haven, Connecticut.” In Collected Works of Abraham Lincoln. Vol. 4, edited by Basler, Roy P.. New Brunswick: Rutgers University Press.Google Scholar
McConnell, Michael W. 1995. “Originalism and the Desegregation Decisions.” Virginia Law Review 81 (4): 9471140.CrossRefGoogle Scholar
Murphy, Walter F., Fleming, James E., Barber, Sotirios A., and Macedo, Stephen. 2003. American Constitutional Interpretation (3rd ed.). New York: Foundation Press.Google Scholar
Purcell, Edward. 1973. The Crisis of Democratic Theory: Scientific Naturalism and the Problem of Value. Lexington: University Press of Kentucky.Google Scholar
The Delegates of The Democracy Constitution. n.d. “A New Constitution for the United States.” Democracy: A Journal of Ideas. A New Constitution for The United States: Democracy Journal.Google Scholar
Washington, George. 1896. “Farewell Address.” In A Compilation of the Messages and Papers of the Presidents, 1789–1897, edited by Richardson, James D. Washington: Government Printing Office.Google Scholar

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×