An odd partnership: identity-based constitutional claims in modern democracy

Breda, Vito (2014) An odd partnership: identity-based constitutional claims in modern democracy. In: Allegiance and identity in a globalised world. Connecting International Law with Public Law (4). Cambridge University Press, Cambridge, United Kingdom, pp. 52-76. ISBN 978-1-107-07433-0

This is the latest version of this item.

Abstract

As part of a collection of essays, this paper discusses constitutional claims proposed by national identities both at the state level and in international organizations, such as the European Union (EU). Specifically, I focus on the theoretical debates that refuse to consider national identity as a proxy for constitutional claims.
I argue in particular that a normative opposition to constitutional claims proposed by national identity (in Habermas and Offe) confuses an assessment of the reasons for the existence of a national identity community with a deliberative evaluation of their claims. The paper will contend that a modern constitutional system that aspires to create a set of communal alliances between strangers within states and within international organizations, such as the European Union, should seek to retrieve rationality, not to impose it.
The chapter is divided into two parts. The first part addresses the normative case against assessing identity-based constitution claims and argues that a great level of enrichment might be drawn from inserting normative arguments into the debate over the procedural requirements of modern constitutions. The second part looks at the interplay between the development of the modern republican tradition and national identity.


Statistics for USQ ePrint 25615
Statistics for this ePrint Item
Item Type: Book Chapter (Commonwealth Reporting Category B)
Refereed: Yes
Item Status: Live Archive
Additional Information: Copyright 2014 Cambridge University Press. Permanent restricted access to accepted version in accordance with the copyright policy of the publisher. Original title changed from: Alliance and Identity in a Globalised World Based on a workshop held on 19-21 July 2010 at the Australian National University.
Faculty / Department / School: Current - Faculty of Business, Education, Law and Arts - School of Law and Justice
Date Deposited: 05 Oct 2014 07:11
Last Modified: 15 Aug 2017 04:13
Uncontrolled Keywords: national identity; radical democracy; nationalism; European Union; sovereignty; patriotism
Fields of Research : 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 > 1606 Political Science > 160602 Citizenship
Socio-Economic Objective: C Society > 94 Law, Politics and Community Services > 9401 Community Service (excl. Work) > 940106 Citizenship and National Identity
Identification Number or DOI: 10.2139/ssrn.1917209
URI: http://eprints.usq.edu.au/id/eprint/25615

Available Versions of this Item

  • An odd partnership: identity-based constitutional claims in modern democracy. (deposited 05 Oct 2014 07:11) [Currently Displayed]

Actions (login required)

View Item Archive Repository Staff Only