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Beyond constitutional identity: Thinking identity in constitutional law
European Law OpenThis paper explores the role of identity in constitutional law, moving beyond the dominant concept of constitutional identity. While many European constitutional texts reference various forms of identity – such as national, religious, or cultural ...
Laurianne Allezard
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Iustinianus Primus Law Review, 2012 The author interprets the legal concept of constitutional identity and its differences in comparison with the sociological concept of the constitutional identity as national identity constructed by the constitution.
Biljana Kostadinov
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Constitutional Identity of the EU Legal Order: Delineating its Roles and Contours [PDF]
Ancilla Iuris, 2021 European integration can be described as the product of multilevel interaction between the European Union (EU) legal order, and the legal orders of the Member States.
Gerhard van der Schyff
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A DEMOCRATIC STATE GOVERNED BY THE RULE OF LAW – THE CONSTITUTIONAL IDENTITY OF THE CZECH REPUBLIC [PDF]
Journal of International Legal Communication, 2021 This article aspires to shed more light on the understanding of the notions of the constitutional identity, the material core of a constitution and unamendable elements of a constitution (eternity clauses) and on the concept of essential elements of a ...
Ondřej Preuss
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Abusing Constitutional Identity [PDF]
German Law Journal, 2021 AbstractIncreasingly, populists and authoritarians have discovered for themselves the notion of constitutional identity as a practical excuse to sidestep transnational legal obligations, as well as to vindicate their constitutional projects on the whole from concerns about the rule of law and other shared European values.
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Transformation of constitutional identity due to contemporary challenges
Правоприменение, 2021 The subject. This article represents an attempt to research the notion of “constitutional identity”, which has recently emerged as a relevant concept in constitutional law, through the prism of its transformation reacting the world’s challenges.The ...
A. V. Bleshchik +2 more
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Political and legal mechanisms for the formation of Russian constitutional identity in the conditions of information society [PDF]
Известия Саратовского университета. Новая серия: Серия «Экономика. Управление. Право», 2023 Introduction. Problems of the formation and preservation of Russian national constitutional identity are becoming topical in the context of the development of digital technologies that promote the dissemination of information products of mass consumption,
Berdnikova, Elena Valerievna +1 more
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Prawo europejskie a polska tożsamość konstytucyjna (aspekty prawno-polityczne)
Przegląd Konstytucyjny, 2023 The article’s research aims to answer whether constitutional identity (as well as numerous doctrinal studies concerning constitutional identity) may substantially help solve problems regarding the ...
Jan Wawrzyniak
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Contested Issues in the Relation between EU Law and National Constitutions
Erdélyi Jogélet, 2023 It can be observed that while the EU is aiming for faster integration, national constitutional courts are reserving so-called identity clauses for nations, but the concept of these identity clauses and their binding force have yet to be clarified.
Gellért Nagy
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CONSTITUTIONAL IDENTITY IN THE ARGUMENTATION OF DECISIONS OF CONSTITUTIONAL COURTS
Конституційно-правові академічні студії, 2021 The latest trend in modern European constitutionalism is the issue of constitutional identity. Constitutional courts, which are the embodiment not only of the protection of the Constitution, but also of the limitation of power, are influential subjects ...
Оксана Щербанюк
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