
Away From A Fixed Identity And Towards A Dynamic Equilibrium – The Original Position
Mr. Karan gupta Abstract In this article, the author argues, in response to Jacobsohn, that constitutional identity, though dialogical, need not be fixed. Important constitutional aspects emanate from distinct principles and tensions between them may be perpetuated, repudiating the claim that the constitution has a fixed identity and may be either militant or acquiesce. Jacobsohn…