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January 17, 2026European Law Open0 citationsOpen Access

Ghost in the shell: the narrative entanglement of constitutional and preconstitutional identity

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ALAna Van LiedekerkeCMChristophe Maes

Key Points

  • The research aims to redefine constitutional identity through the lens of narrative integration, highlighting the impact of preconstitutional identities.
  • Criticizes exclusive legal definitions of constitutional identity.
  • Proposes a narrative identity framework linking civic and ethnocultural elements.
  • Examines the relationship between constitutional and preconstitutional identities across six binaries.
  • Argues that a narrative approach can foster inclusivity in diverse communities.
  • Demonstrates that integrating preconstitutional identity can help avoid illiberal interpretations.
  • Highlights the dynamic interplay between continuity, change, and identity in legal contexts.

Abstract

Abstract The notion of constitutional identity rests on a seemingly inevitable tension: it is seen both as a source of inclusive social cohesion and as a potentially exclusionary concept invoked to justify populist claims and divergent interpretations of the rule of law and human rights. This has led legal scholars to redirect the understanding of constitutional identity towards an exclusively legal and functional definition in line with the formulation of Article 4 (2) TEU, which protects the ‘national identities’ of the European Member States: identity is assured so far as it is inherent to the ‘fundamental structures, political and constitutional’ of the Member States. This contribution criticises this approach, because it ignores the dynamic nature of a community and its attachment to its ethnocultural affinities, possibly undermining the viability of an inclusive polity. This is a concern, especially for multinational communities like the European Union. It then proposes an alternative conception of constitutional identity as narrative identity, in which preconstitutional identity emerges as the ghost in the shell of constitutional identity. A narrative conception of constitutional identity bridges the civic/ethnic divide by giving ethnocultural elements a place through narrative integration of preconstitutional identities but avoids an illiberal logic by putting them forward according to a retrospective logic as projections rather than as a robust core. Starting from that narrative conception, the relationship between preconstitutional and constitutional identity is further clarified by investigating their interplay across six binaries that often recur in the debate: continuity/change, sameness/difference, unity/plurality, sameness/difference, fact/fiction, affect/ratio.

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Cite This Study

Liedekerke et al. (2026) studied this question.

synapsesocial.com/papers/696b2631d2a12237a93496d5https://doi.org/10.1017/elo.2025.10053
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Also Consider

Synapse has enriched 5 closely related papers on similar clinical questions. Consider them for comparative context:

  1. 1Identity and difference: distinct disciplinary views on constitutional identity2026
  2. 2Constitutional identity, democracy, and illiberal change2026
  3. 3Constitutional identity and ideological paradigms in national constitutions: between tradition, universalism, and transformation.2025 · 1 citations
  4. 4Constitutional identity vs fundamental rights: a false tension?2025
  5. 5Constitutional identity and constitutional authenticity2026