Guest Editors’ Introduction: Symposium on Constitutional Idolatry, Literacy and Identity

Brian Christopher Jones and Maartje De Visser

University of Sheffield and Singapore Management University

Written constitutions began as systems of government. Today, however, they contain a multitude of diverse functions. Contemporary constitutions not only set up the institutional infrastructure and allocate state powers; they are also expected to inspire, strengthen public confidence and trust, bring government and the people closer together, enhance citizenship, and give expression to a society’s sense of self. Irrespective of whether constitutions achieve such lofty goals, their existence means that the study of these texts and their social-political impact matters to a great extent. But as the growth in written constitutionalism has increased throughout the world, several fundamental questions have remained comparatively underexplored. These include: how much should we value constitutions; what is their relationship with state identity and culture; and what should citizens know about these fundamental texts? These questions lie at the heart of this symposium.

Studying the possible effects that constitutions can produce, and the sentiments they can evoke is valuable for many reasons. Doing so complements the rich constitutional literature investigating the design and operation of state architectures, by considering the more personal or emotive attributes of constitutions. Through preambles as well as substantive provisions that present an account of past legacies, foundational principles and other culturally relevant items, many constitutions seek to cultivate a broader sense of nationhood. This, in turn, is supposed to coalesce citizens and inspire them to engage with their constitution. These provisions are expected to prompt a greater degree of engagement than merely a regard for the constitution as the authoritative manual on state operation. Yet, at present, ordinary citizens largely remain unacquainted with the meaning, let alone detail, of their national constitutions. This is also generally true in countries where the public regard the constitution as a glorious document, entitled to unquestioned adulation. This discrepancy between textual expressions of shared national aspirations and the reality of constitutional illiteracy on the ground may hamper the extent to which the former can be realised. If this diagnosis is correct, it points to a need to explore how a lack of constitutional knowledge can best be remedied and demands reflection on which state institution(s) are well-placed to champion this cause.

Engaging with the themes highlighted in this symposium at this point in time is opportune. The pace at which new constitutions or major constitutional reforms are proposed continues to accelerate, which may prompt the need to reflect on or renegotiate, the ties that bind people together as an imagined cultural-political community. What is more, the direction of constitutional change is no longer inexorably geared towards advancing liberal democracy and the rule of law. A rise in authoritarian tendencies has cropped up worldwide, making it worthwhile to explore how a genuine understanding of and identification with constitutional precepts can empower citizens to rise to the occasion. Responses to the Covid-19 pandemic have also led to dramatic changes in government operation and unprecedented restrictions on citizen movement, in addition to creating a plethora of other significant challenges that have constitutional overtones. It remains to be seen whether this crisis will spark a greater concern for and commitment to written constitutions than in normal times. If not, then what will?

This symposium features seven contributions that critically interrogate experiences of idolatry, literacy, and identity in a diverse set of jurisdictions, followed by a concluding post which reflects on cross-cutting approaches and challenges. The geographic spread includes loci classici in the comparative constitutional discourse, as well as countries not habitually in the global academic limelight. All grapple with the themes that animate this symposium: for some, these have been part of a perennial debate, while others have only recently had to confront questions about the meaning and role of, and general awareness about, their constitutions. Mirroring the approach taken to the country selection, readers can look forward to observations by established names in the field, as well as emerging scholars.

The countries and contributors that make up this symposium are:

• USA - Sandy Levinson (University of Texas)

• Taiwan - Chien-Chih Lin (Academia Sinica)

• Australia - Jim Allan (University of Queensland)

• Japan - Akiko Ejima (Meiji University)

• Turkey - Tarik Olcay (University of Dundee)

• The Netherlands - Manon Julicher (University of Utrecht)

• India – Arun K Thiruvengadam (Azim Premji University)

We are greatly appreciative of the IACL editors’ willingness to host this symposium, which allows us to share our interest in attitudes towards written constitutions and state institutions' mediatory role in this regard with interested readers near and far. We hope you find the contributions published in the coming days and weeks equally informative and challenging. Thank you so much for reading.

Brian Christopher Jones is a Lecturer in Law at the School of Law, University of Sheffield.

Maartje De Visser is an Associate Professor of Law at the School of Law, Singapore Management University.

Suggested Citation: Brian Christopher Jones and Maartje De Visser, “Guest Editors’ Introduction: Symposium on Constitutional Idolatry, Literacy and Identity” IACL-IADC Blog (7 January 2021) https://blog-iacl-aidc.org/cili/2021/1/7/guest-editors-introduction-constitutional-idolatry-literacy-and-identity