The creation of a new constitution--as opposed to the modification of a continuing constitution--is always, in significant part, an act of negation.85 The critical variable is the quality of the change. Has that change altered the “identity” of the legal system so that the chain of reasoning about the validity of a legal act can no longer plausibly work back to the prior constitution? Constitution-making, according to Michel Rosenfeld, “requires both negation of pre-constitutional identities and creation of a new identity, which call for reincorporation of material from the pre-constitutional past.