Date of Award
5-30-2024
Document Type
Dissertation
Degree Name
Doctor of Juridical Science (SJD)
Abstract
The relationship between law and national identity is complex, with legal frameworks often reflecting and shaping the cultural and historical narratives of a nation. Constitutional documents serve as foundational texts that codify the values, principles, and aspirations of a nation, providing a framework for governance and shaping its collective identity. The study focuses on the constitutionalization of national identity as an incorporation of identity elements into constitutional documents.
The dissertation is constructed to answer explanatory and exploratory questions. First, the dissertation focuses on exploring general patterns of the practice. Second, the dissertation attempts to explain the drafters' intention(s) behind the incorporation of a national identity into a constitution. There is no sufficient attention given to the issue of constitutionalization of national identity in comparison to the literature on constitutional identity. Methodologically, the study approaches the first question through a legal textual analysis in which the study examines the wording of a text to identify a taxonomy.
For the explanatory question, this study utilizes a discourse theory to approach the issue. By using a discourse theory, attempts to locate the text within its social and political contexts. This should enable the study to associate the text with ideological and nationalist trends that influence the drafting process. The study finds that the practice of constitutionalization has evolved from a symbolic to an instrumental one where symbolic constitutionalization refers to the wording of a text that does not empower an individual, group, or the state. On the other hand, instrumental constitutionalization refers to a constitutional text that empowers an individual, group, or state, and it may influence the institutional design. The evolution of the practice stems from international changes in the world and theoretical influences such as the collapse of the Soviet Union and the rise of multiculturalism.
In addition, the study finds that the analyzed constitutionalization process demonstrates an attempt to control or influence discourse on national identity. This function is symbolic, and it conceals different purposes such as transformative, hegemonic, legitimation, and negotiation. The study's main contribution is conceptual where the study defines the concept and illustrates the different uses of it. This should inform studies on constitutional design.
Recommended Citation
Almalki, Faris F., "Comparative Study and Contextual Study of Constitutionalization of National Identity" (2024). Maurer Theses and Dissertations. 126.
https://www.repository.law.indiana.edu/etd/126