Constitutional Identity and the Limits of Constitutional Change

The principle of constitutional identity has become a crucial term in constitutional theory, particularly in reconciling constitutional flexibility with underlying continuity. This study investigates the concept of constitutional identity, assesses its role in defining the parameters of constitutional amendments, and analyzes the conflicts between transformative constitutional change and the protection of fundamental constitutional norms. This paper contends that constitutional identity serves as a legal and normative protection against extreme constitutional alterations. It examines comparative perspectives, such as the Indian "basic structure" doctrine, the German "Eternity Clause," and European constitutional jurisprudence, while also presenting challenges to democratic adaptability.