Constitutional Identity and Illiberalism
The past couple of years have witnessed democratic reflux and the emergence of illiberalism. Although elections’ results can momentarily block current illiberal leaders, the movements they lead can endure in both liberal and illiberal regimes. This panel questions whether and how the concept of constitutional identity (CI) can respond to the popularity of illiberal movements. If CI can be misused to oppose liberal-democratic requirements, can the same concept be used to control and avoid illiberal projects, without being illiberal itself? Are there constitutions that are inherently connected to illiberalism, avoiding democratic projects? What is the connection between the legally constructed CI and national identity, how they relate to the illiberal potential of the polity, and the concept of national sovereignty? Panelists are invited to discuss these practical and theoretical challenges of CI from a global comparative perspective.