In Constitutional Identity, Gary Jeffrey Jacobsohn argues that a constitution acquires an identity through experience—from a mix of the political aspirations and commitments that express a nation’s past and the desire to transcend that past. It is changeable but resistant to its own destruction, and manifests itself in various ways, as Jacobsohn shows in examples as far flung as India, Ireland, Israel, and the United States. Jacobsohn argues that the presence of disharmony—both the tensions within a constitutional order and those that exist between a constitutional document and the society it seeks to regulate—is critical to understanding the theory and dynamics of constitutional identity. He explores constitutional identity’s great practical importance for some of constitutionalism’s most vexing questions: Is an unconstitutional constitution possible? Is the judicial practice of using foreign sources to resolve domestic legal disputes a threat to vital constitutional interests? How are the competing demands of transformation and preservation in constitutional evolution to be balanced?
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abortion Adalah Aharon Barak Alasdair MacIntyre American constitutional Arab argues argument Article aspirations authority Basic Law Bétaille Bruce Ackerman Burke’s Cambridge chapter citizens civil commitments conflict Confucian consti constitutional amendment constitutional change constitutional identity Constitutional Law constitutional order constitutionalism context country’s Court’s critical culture decision democracy democratic dialogical Directive Principles disharmony document Edmund Burke example family reunification foreign framers fundamental Hindu human dignity Human Rights Ibid idea Indian constitutional institutions International interpretation Ireland Irish Constitution Israel issue Jewish judges judicial judiciary jurisprudence Justice Barak Justice Cheshin Law of Return Law Review liberal MacIntyre marriage meaning ment militant moral national identity natural law norms opinion political polygamy popular sovereignty prescriptive constitution protection provisions Qa’adan question reflect regime religion religious role Ronald Dworkin secularism social order society specific Sri Lankan state’s stitutional Supreme Court T]he tion tradition transformation tutional United University Press