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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Produktdetaljer
ISBN
9780674059399
Publisert
2021
Utgiver
Harvard University Press
Språk
Product language
Engelsk
Format
Product format
Digital bok
Forfatter