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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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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.
SCHOLTES, Julian
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Constitutional Identity in Europe: The Identity of the Constitution. A Regional Approach [PDF]
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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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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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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The Hungarian Constitutional Court and Constitutional Identity
, 2017 Ever since the 2010 parliamentary elections Hungary has set off on the journey to became an ‘illiberal’ member state of the EU, which does not comply with the shared values of rule of law and democracy, the ‘basic structure’ of Europe. The new government of Viktor Orbán from the very beginning has justified the non-compliance by referring to national ...
HALMAI, Gábor
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Constitutional identity as a normative constitutional concept [PDF]
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.
Szente, Zoltán
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Judicialization of Constitutional Identity [PDF]
SSRN Electronic JournalConstitutional 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.
KRZYŻANOWSKA NOWICKA, Katarzyna Karolina
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The identity of the constitutional subject and the construction of constitutional identity: lessons from Africa [PDF]
Comparative Constitutional Studies, 2023 In this article, I introduce a degree of novelty into the scholarship on the nexus between constitutional identity and the constitutional subject. I do so by pluralizing both the territorial space constitutional identity exists and the constitutional subject it interacts.
Gebeye, Berihun Adugna
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Constitutional identity, identities and constitutionalism in Europe [PDF]
Hungarian Journal of Legal Studies, 2022 AbstractThe notion of Constitutional Identity has attracted much scientific interest. However, it obscures, sometimes in a reductive manner, another legal reality: the existence of other identities, such as national, linguistic, and collective identities.
Allezard, Laurianne, Laurianne Allezard
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