Eternity and Expressive Values

Abstract

This chapter scrutinizes the literature on constitutional identity, within which eternity clauses are viewed as repositories of the constitution's core values. It analyses unamendability as the site of constitutional expression and eternity clauses as capable of defending against attacks on the integrity and identity of the entire constitution. It also highlights serious problems with importing the sociological concept of identity into constitutional theory's arsenal. This chapter shows that the concept relies on particular understandings of both liberal constitutionalism and pluralism, as well as on a presumed pacified and coherent constitutional ethos. The concept obscures the deep and continuous contestation of the core constitutional commitments rendered unamendable. The chapter also discusses the rise of constitutional identity review as a form of resistance to supranational integration in Europe.