Abusing Constitutional Identity

Abstract Increasingly, populists and authoritarians have discovered for themselves the notion of constitutional identity as a practical excuse to sidestep transnational legal obligations, well vindicate their projects on whole from concerns about rule law other shared European values. This has led some scholars highlight “dangers identity,” brandishing it an “inherently dangerous concept,” suggesting that concept ought be abandoned. Article argues anti-pluralist critiques identity, while rightly criticizing authoritarian appropriations ultimately go too far draw wrong conclusions. Simply dismissing will not lead disappearance meanings imparted through it. The populist must identified understood abuses concept. By eliding with its abuse, critique sacrifices more intimate understanding realities abuse likely unattainable normative vision uncontested EU primacy. In advancing this critique, I further outline three potential avenues differentiating between substantive, generative, relational aspects. Constitutional claims can abusive by virtue substantive content, how they come about, are advanced.