Law, Archive and Crisis: Rethinking Constitutional Memory in Times of Emergency

The proposed article addresses crisis, emergency and normalcy as legal and socio-legal phenomena framing our perception within collective constitutional memories. In this way, it aims to bind together two strands of constitutional research: the analysis of constitutional polycrisis and emergency constitutionalism, together with constitutional memory and identity. In doing so, it aims to probe the limits of constitutional discourse by focusing on how crisis is archived, thereby entering within the ambit of constitutional thought and praxis. Drawing on Hans Kelsen’s theory of law and Jacques Derrida’s understanding of the archive, we consider the interaction between law’s archive and the possibility of its erasure under historical tensions. We start by exploring the interaction between constitutional law, memory and history, then we move towards understanding law together with Kelsen, Freud and Derrida, in its relation to culture, power and mnemonic politics. In the last part of the paper, we consider the concept of constitutional memory and its politics in times of crises, under the conditions of the dissolution of the law.

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Publication Details

Journal
Law Culture and the Humanities
Published
2026-05-11
DOI
https://doi.org/10.1177/17438721261447242
Primary Topic
Law in Society and Culture
Type
article
Field-Weighted Citation Impact
0.00

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article

Law, Archive and Crisis: Rethinking Constitutional Memory in Times of Emergency

Martin Belov, Cosmin Cercel
Law Culture and the Humanities
Law in Society and Culture
article

Law, Archive and Crisis: Rethinking Constitutional Memory in Times of Emergency

Martin Belov, Cosmin Cercel
article en

Abstract

The proposed article addresses crisis, emergency and normalcy as legal and socio-legal phenomena framing our perception within collective constitutional memories. In this way, it aims to bind together two strands of constitutional research: the analysis of constitutional polycrisis and emergency constitutionalism, together with constitutional memory and identity. In doing so, it aims to probe the limits of constitutional discourse by focusing on how crisis is archived, thereby entering within the ambit of constitutional thought and praxis. Drawing on Hans Kelsen’s theory of law and Jacques Derrida’s understanding of the archive, we consider the interaction between law’s archive and the possibility of its erasure under historical tensions. We start by exploring the interaction between constitutional law, memory and history, then we move towards understanding law together with Kelsen, Freud and Derrida, in its relation to culture, power and mnemonic politics. In the last part of the paper, we consider the concept of constitutional memory and its politics in times of crises, under the conditions of the dissolution of the law.

Law Culture and the Humanities
Ghent University Hospital (BE), Sofia University "St. Kliment Ohridski" (BG)
NextGenerationEU
Peace, Justice and strong institutions
Openalex Percentile: Top 3%
Law in Society and Culture
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Law, Archive and Crisis: Rethinking Constitutional Memory in Times of Emergency — Martin Belov, Cosmin Cercel · Law Culture and the Humanities (2026) | TGRS Research Map | TGRS