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The Constitutional Subject, Its Other, And The Perplexing Quest For An Identity Of Its Own: A Reply To My Critics, Michel Rosenfeld

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In my book The Identity of the Constitutional Subject (2010) I examined the nexus between constitutionalism, particular constitutions and constitutional identity. I argued that the construction and adaptation of a constitutional identity was essential to the coherence and viability of any working constitution. Such constitutional identity must at once negate and incorporate reworked elements of national identity and other pertinent pre- and extra- constitutional materials associated with the relevant polity. In the present essay, I reply to arguments advanced by several critics of my book with a view to clarifying and expanding on some of the book’s principal assertions. The …