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Beyond constitutional identity: Thinking identity in constitutional law

European Law Open
This 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
doaj   +3 more sources

Constitutional Identity [PDF]

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
doaj   +6 more sources

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
doaj   +2 more sources

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, Julian Scholtes
openaire   +6 more sources

Identity and difference: distinct disciplinary views on constitutional identity

European Law Open
This article offers a critical literature review on the debate on constitutional identity, combining a synthesis of existing literature with a critical reframing of the concept’s theoretical and methodological foundations.
Christophe Maes, Raf Geenens, Ana Van Liedekerke   +2 more
doaj   +4 more sources

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
doaj   +1 more source

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
doaj   +1 more source

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, E. G. Kalinina, S. E. Nesmeyanova   +2 more
doaj   +1 more source

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
doaj   +1 more source

The hungarian Constitutional Court and the concept of national constitutional identity [PDF]

IANUS Diritto e Finanza, 2017
Con una decisione molto attesa, pubblicata nel dicembre 2016, la Corte costituzionale ungherese si è pronunciata su alcune questioni relative alla relazione tra l'ordinamento giuridico dell’Unione europea e l’ordinamento costituzionale dell'Ungheria. Con
Katalin Kelemen
doaj   +2 more sources