CONSTITUTIONALIZATION OF PATRIOTISM – IS CONSTITUTIONAL IDENTITY POSSIBLE?

Abstract

Constitutionalization of patriotism implies insisting on unquestionable and universal values around which social cohesion is achieved, instead of insisting on differences, which are often insurmountable. Constitutionality is a metavalue, a value above personal and narrow group interests, as well as national, religious, cultural, or political affiliation. The key research question is whether constitutional patriotism can be an alternative to nationalism. In this paper, the author seeks to provide sociopolitical and legally grounded answers to a number of other dilemmas: whether this concept is suitable for achieving social cohesion and political loyalty in multicultural societies, whether it serves as a tool for the political empowerment of citizens, and whether conflicts in deeply divided societies can be mitigated through it. In addition to the normative consideration of this concept, by applying the empirical comparative law method, the author examines the credibility of constitutional patriotism in states governed by the rule of law with a developed democratic and civic political culture. The findings of the paper show that constitutional identity is not possible in deeply divided societies marked by war wounds and national traumas. Societies accustomed to nationalism as a political technology do not constitute an adequate milieu for the constitutionalization of patriotism. Constitutional patriotism is difficult to achieve in an environment characterized by widespread corruption, clientelism, a subservient political culture, and dysfunctional institutions. In other words, the rule of law and a state governed by the rule of law are prerequisites for building a constitutional patriotic identity.