IDENTITY: Beñat Maiz Lourido (EHU)

Beñat Maiz Lourido

Beñat Maiz Lourido researcher
PhD in Constitutional Law
Professor of Constitutional Law
University of the Basque Country EHU

Contributions to the group – Constitutional identity research  

Research on constitutional identity has expanded significantly in recent years, reflecting its growing relevance in constitutional theory, comparative law, and supranational governance. A first major line of inquiry concerns the theoretical foundations of constitutional identity. Scholars examine whether it refers to the essential, unchangeable core of a constitution or to a more flexible and evolving set of principles shaped by institutions, political culture, and historical experience. This debate also explores the relationship between constitutional identity and broader notions of national identity.

A second key area focuses on sovereignty and constitutional pluralism, particularly in legal orders where supranational norms interact with domestic constitutions. Research here evaluates the legitimacy and limits of invoking constitutional identity to shield certain principles from external influence, most notably within the European Union. 

Comparative constitutional identity forms a third line of research. By studying how different countries articulate and protect their constitutional identity—whether through explicit clauses or judicial interpretation—scholars assess the diverse functions the concept serves across constitutional systems. Closely related is the role of judicial review, as courts often define and enforce the core principles deemed essential to the constitutional order. 

Finally, we can explore how technological change challenge or reshape constitutional identity. These debates highlight the dynamic nature of constitutions as they respond to new social realities and emerging forms of power. 

My research on constitutional identity enables to make a contribution working on constitutional law, democracy, or fundamental rights. First, I can provide a theoretical framework for understanding the concept of constitutional identity, a notion that has become central in contemporary constitutional debates. 

Second, my research situates constitutional identity within broader European and global dynamics. In particular, I examine how constitutional identity operates as a point of tension in the relationship between national constitutional law and supranational legal orders, especially the European Union. This includes an analysis of the jurisprudence of constitutional and supreme courts, the doctrine of primacy, and forms of constitutional pluralism. Such insights are valuable for research groups addressing conflicts of authority, multilevel governance, or integration processes.

Third, I explore the connection between constitutional identity and democratic theory. Constitutional identity is increasingly invoked in debates surrounding populism, sovereignty, and the erosion of liberal constitutional norms. My research helps differentiate legitimate claims of identity protection from politically instrumentalized uses that may undermine constitutional democracy. Through comparative case studies, I contribute to understanding how identity-based narratives influence constitutional change and rights protection.

Finally, my work offers methodological contributions, combining doctrinal analysis, comparative constitutionalism, and critical discourse approaches. This versatility allows me to collaborate on research questions involving both theoretical and practical dimensions, including the impact of technological transformations—such as artificial intelligence—on constitutional structures and fundamental rights.