24 - What Counts as Constitutional Identity?

Summary

This chapter reflects on whether and how large-N empirical studies can help our understanding of constitutional identity. It argues that although we cannot simply count and measure many aspects of constitutional identity, empirical analysis can help us better understand the concept and offers some practical suggestions for how it can do so. Next, it presents original data from nationally representative surveys conducted in five countries (the United States, Japan, China, South Korea, and Taiwan) and analyzes respondents’ responses to whether they feel represented by the constitution. The main finding from this exercise is that respondents who are older, male, higher-educated and have high incomes feel more represented than younger, female, lower-educated, and low-income respondents. In essence, groups that are relatively well off in society believe that their values and interests are better represented by the constitution than those who are less well off. While it does not directly tell us what the constitution’s identity is, these data do tell us something about the nature of the relationship between the constitution and those governed by it. Notably, they are consistent with accounts that suggest that constitutions reflect elite interests.