Illiberal Constitutionalism and the Abuse of Constitutional Identity
Bibliographic record
Abstract
Increasingly, illiberal and authoritarian governments are seizing upon the concept of constitutional identity in order to justify and vindicate their political projects in the face of external criticism. This contribution raises questions about what these invocations tell us about the normative value of constitutional identity. The authors argue that, in the European context of supranational legal integration, constitutional identity should not be seen as an unconditional source of value. Invocations of constitutional identity only deserve recognition to the extent that they serve the ideals of constitutionalism. Where constitutional identity is invoked as a normative argument, the normative expectation of constitutionalism is implied – claims from constitutional identity that stand at odds with the ideals of constitutionalism, in fact, invoke the former ironically and frivolously. Exemplary cases in which constitutional identity is invoked to justify forms of ‘illiberal’ constitutionalism – notably the Polish and Hungarian cases – should be considered abuses of the concept as they do not live up to the normative expectations which they evoke.
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How this classification was reachedexpand
Full frame machine prediction
Teacher imitationNot calibrated prevalence, not ground truth. Human validation pending. The Gemma side is a direct model label for every work in the frame, read from the title-only record. The Codex side is a classifier learned from the 10,348 direct Codex labels and calibrated to design-weighted sample rates; fields without enough sample support carry no Codex call. Candidate is the union of the two sides; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels.
Distilled classifier scores by category (both heads)
| Category | Codex | Gemma |
|---|---|---|
| Metaresearch | 0.005 | 0.006 |
| Meta-epidemiology (narrow) | 0.000 | 0.000 |
| Meta-epidemiology (broad) | 0.000 | 0.000 |
| Bibliometrics | 0.001 | 0.002 |
| Science and technology studies | 0.006 | 0.051 |
| Scholarly communication | 0.009 | 0.007 |
| Open science | 0.001 | 0.005 |
| Research integrity | 0.002 | 0.005 |
| Insufficient payload (model declined to judge) | 0.003 | 0.000 |
Machine scores (provisional)
The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.
Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.
score_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from itClassification
machine, unvalidatedMachine predicted; a candidate call from one source (direct Gemma or distilled Codex), not a consensus.
How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".