Results 1 to 10 of about 2,080,628 (346)
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.
Julian Scholtes
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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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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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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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The Doctrine of Supra-Constitutionality and Lithuanian Constitutional Identity
Law: Journal of the University of Latvia, 2022 The aim of this article is to analyse the doctrine of supra-constitutionality, as developed by the Constitutional Court of the Republic of Lithuania, and its impact on the concept of the Lithuanian constitutional identity.
Dainius Žalimas
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Constitutional Identity in Europe: The Identity of the Constitution. A Regional Approach
German Law Journal, 2020 The issue of “constitutional identity” is a topic the relevance of which emerges in contemporary constitutional democracies in the context of constitutional changes.
Tímea Drinóczi
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Constitutional identity as a normative constitutional concept
Hungarian Journal of Legal Studies, 2022 AbstractAlthough constitutional identity is nowadays invoked by European states primarily against the extension of the powers of the EU institutions, it can also be understood as a substantive concept of national constitutional law. This article deals with constitutional identity as a normative constitutional concept.
Zoltán Szente
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Judicialization of Constitutional Identity
SSRN Electronic JournalPublished online: December 2024 Constitutional concepts are increasingly challenged because of their undemocratic provenance. Often, these concepts are constructed by (unelected) constitutional judges, thus denounced as lacking enough legitimacy and political entrenchment. The concept of constitutional identity belongs to this group.
Katarzyna Krzyżanowska
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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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Nostalgic Constitutional Identity
Archiwum Filozofii Prawa i Filozofii Społecznej, 2020 The paper deals with the link between the notions of constitutional identity and nostalgic collective memory. Starting from the notion of nostalgia of postmodern society as used in social theory, it shows that this cultural condition is reflected in in constitutions. The point of reference for contemporary political projects is no longer the future but
Michał Stambulski
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