The Influence of Popular Conceptions of National and Constitutional Identity on the Position of Marginalized or Minority Groups Within a Nation State. A Legal, Empirical, and Comparative Analysis of Four Jurisdictions Through the Prism of Gender
Abstract: What influence might popular conceptions of national and constitutional identity have on the position of marginalized or minority groups within that system? This article investigates whether there may be a relationship between the two, on the basis of a legal, empirical, and comparative analysis of four jurisdictions (Poland, Hungary, Uruguay and Argentina) through the prism of gender. The literature suggests the presence of populist rhetoric in the domestic politics of each state. However, they are distinct in potentially relevant ways, including differing regional human rights frameworks. The case studies demonstrate the potential for national and constitutional identity to function in an exclusionary manner; the apparent capacity of political parties to amplify this exclusionary potential by advancing highly traditional narratives of identity, or linking identity to contentious social issues; and the limited efficacy of human rights mechanisms in mitigating the impact of informal influences.
| Main Authors: | , , , , |
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| Format: | Digital revista |
| Language: | English |
| Published: |
Universidad Adolfo Ibáñez. Facultad de Derecho.
2024
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| Online Access: | http://www.scielo.cl/scielo.php?script=sci_arttext&pid=S0719-91122024000100158 |
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