Constitutional identities in a liquid society

Breda, Vito (2007) Constitutional identities in a liquid society. In: Liquid society and its law. Ashgate Publishing, Abingdon, Oxon. United Kingdom, pp. 153-169. ISBN 978-0-7546-7072-8


What is national identity? What is its relation with constitutional democracy? The post Westphalian principles of national sovereignty and state unity, Bauman argues, are challenged internally by regionalism and externally by cosmopolitanism. The dilemma is whether we can reconcile shifting patterns of geopolitical power and the irrational response to the rising precarite of human condition with existing state-centred constitutional structure. Habermas's response to this dilemma is a patriotic constitution, notably a set of procedural norms which he distils from a rational reading of the evolution of modern constitution making. Bauman dismisses constitutional patriotism. The concept of national identity is entangled with contemporary state-centred constitutional structure. In this article, I will critically assess Bauman's theory vis a vis the debate over the role of constitutional law in a deeply diversified society, and discuss one of the republican alternatives such as Tully's hypothesis of a multinational state. By revealing the limits of Bauman political analysis, my aim is to shift Bauman's sociological analysis on the debate over constitutional recognition of national identities.

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Item Type: Book Chapter (Commonwealth Reporting Category B)
Refereed: Yes
Item Status: Live Archive
Additional Information: Copyright © Ashgate Publishing Ltd. May not be reproduced in any form without permission from the publisher. ebaook held USQ library.
Faculty/School / Institute/Centre: Historic - Faculty of Business - School of Law (1 Apr 2007 - 31 Dec 2010)
Faculty/School / Institute/Centre: Historic - Faculty of Business - School of Law (1 Apr 2007 - 31 Dec 2010)
Date Deposited: 20 Jul 2014 23:18
Last Modified: 20 Jul 2014 23:18
Uncontrolled Keywords: Bauman; constitutional law; identity
Fields of Research (2008): 18 Law and Legal Studies > 1801 Law > 180108 Constitutional Law
18 Law and Legal Studies > 1801 Law > 180122 Legal Theory, Jurisprudence and Legal Interpretation
16 Studies in Human Society > 1608 Sociology > 160806 Social Theory
Fields of Research (2020): 48 LAW AND LEGAL STUDIES > 4807 Public law > 480702 Constitutional law
48 LAW AND LEGAL STUDIES > 4804 Law in context > 480410 Legal theory, jurisprudence and legal interpretation
44 HUMAN SOCIETY > 4410 Sociology > 441005 Social theory
Socio-Economic Objectives (2008): C Society > 94 Law, Politics and Community Services > 9401 Community Service (excl. Work) > 940106 Citizenship and National Identity

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