Generative Abuse of Constitutional Identity

Abstract This chapter tackles the generative dimension of the abuse of constitutional identity: constitutional identity arguments can be abusive by virtue of how they have come about. An extended theoretical discussion of the relationship between constitutional identity and the closely related concept of constituent power sets the scene for a broader discussion of processes of constitution-making, constitutional change, constitutional adjudication and the regulation of historical memory, all of which contribute to the generation of constitutional identity claims. Using the example of Hungary, but drawing upon further case studies where appropriate, limits to the generation of constitutional identity claims will be discussed.