PANEL SESSIONS IV TUESDAY JUNE 26 2018 4.30 PM – 6.00 PM

Room: CPD-LG.39

  • DEVELOPING CONSTITUTIONAL IDENTITY THROUGH THE INCREMENTAL MODEL
    The concept of constitutional identity can be considered from the duelling perspectives of socio-cultural theory or positivism. It can be also considered as a descriptive tool or as for normative purposes. The malleability of the concept has resulted in a diverse range of uses: to protect the constitution against supranational norms, or as a firewall against unconstitutional amendments. This panel aims to untangle the ambiguity of ‘constitutional identity‘ by drawing on the incremental model developed by Charles E. Lindblom in the 1950’s. In short, the model is grounded on the impossibility, for most issues, of rational political decision-making. Decisions are made through a process of mutual adjustment and significant political change occurs through a gradual accumulation of small mutations. Each speaker will address the question of authors, content and function of constitutional identity through a variety of case studies.
  • Constitutional identity in discussion without changing Constitution? Territorial model in Spain
    In Spain, formal processes to reform the 1978 Constitution has been scarcely used, and only to implement European treaties (1992) and to attain economic objectives of the European Union (2011). In such context, invariability and immutability of the constitutional text seems to become a defining characteristic of that constitutional identity. Based on the incrementalism model-approach, this contribution critically assesses the foundations and the reality of the continuity or stability of constitutional identity, focusing in the core values established in the constitutional preamble in order to protect all Spaniards and peoples of Spain in the exercise of human rights, of their cultures and traditions, and of their languages and institutions. The main hypotheses points on the strengthen unity under the constitutional openness of the territorial model and its effects on collective democratic demands and human rights associated.
  • The 2014 Tunisian Constitution: New Constitution, New Constitutional Identity?
    In Tunisia, the adoption of the 2014 Constitution was fraught with complications. The role of Islam in the Constitution, with its impact on the scope and recognition of human rights, or the choice of a semi-presidential system were among the key points of contention. Further, Tunisia is no exception to the widespread trend of the transnationalisation of constitution-making, and several external actors such as UN agencies or transnational NGOs exerted their influence on the process. This paper will examine the following questions, keeping the concept of ‘constitutional identity‘ at the heart of the inquiry: How has Tunisia’s constitutional identity been shaped by external actors? Has a new constitutional identity emerged after the drafting of a new democratic constitution?
  • Reshaping constitutional identity? Popular initiatives in Switzerland
    In Switzerland, law-making provides mechanisms that create a favourable context among political and social actors; mechanisms that also make it possible to include the people. One of them – the popular initiative – allows minority actors to submit their proposal to the vote of the people. Based on the incrementalism model-approach, this paper intends to question the impact of the mechanism of popular initiative on the consolidation‘s process of the constitutional values. Concretely, the hypothesis is that such a mechanism can redraw the portrayal of the core-values of the Constitution. First, we will outline the constitution-making and formal processes that protect the Constitution from unconstitutional amendments. Second, we will map social and political groups and their ideologies using popular initiatives. Finally, we will assess the effectiveness of these processes on particularly conflictual political and societal issues.