Giuseppe Martinico

The Identitarian Public Law of Illiberal Regimes

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Abstract

In this article I will analyse the essential contours of the identitarian public law that characterises illiberal regimes. With reference to the structure of the discussion, I will first attempt to define what is meant by illiberalism and then look at the use that is made of public law in these contexts; finally, I will focus on the instrumentalisation of the historical, religious and moral argument of tradition that characterises identity-based public law.

Keywords

  • Populism
  • Illiberalism
  • Constitutional law
  • Constitutional counter-narrative
  • Religion

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