Results 11 to 20 of about 2,080,628 (346)

The Elusive Contours of Constitutional Identity: 'Taricco' as a Missed Opportunity

Utrecht Journal of International and European Law, 2020
The primacy of EU law continues to be challenged by domestic courts relying on the notion of constitutional identity. These challenges are no longer limited to the Solange case law of the German 'Bundesverfassungsgericht' (BVerfG) and the 'controlimiti ...
Robbert Bruggeman, Joris Larik
doaj   +2 more sources

The Dialectics Between Constitutional Identity and Common Constitutional Traditions: Which Language for Cooperative Constitutionalism in Europe?

German Law Journal, 2019
This Article revisits the role and function of constitutional identity and common constitutional traditions and claims that the latter have had an increasingly stronger influence on the process of European integration—more than may appear at first sight.
Massimo Fichera, Oreste Pollicino
doaj   +2 more sources

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

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, Kulikova, Svetlana Anatolievna   +1 more
doaj   +1 more source

Identity Questions and National Symbols: The Role of National Symbols in the Formation of National and Constitutional Identity

Central European Journal of Comparative Law, 2023
Recent decades have seen numerous identity debates around the European Union and its integration process. The protection of national and constitutional identities and their underlying values is at the root of these identity disputes.
Norbert Tribl
semanticscholar   +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 sword of constitutional identity

Hungarian Journal of Legal Studies, 2022
In its ‘refugee quota decision’ of 2016 the Hungarian Constitutional Court (HCC) ‘invented’ its competences of ultra vires, sovereignty and constitutional identity controls.
Ernő Várnay
semanticscholar   +1 more source

Constitutional identity, a new legal Babel in Europe

Hungarian Journal of Legal Studies, 2022
Constitutional identity appears as an increasingly frequent argument in the case law of constitutional courts in Europe. For many authors, it is a way to initiate dialogue with the European Union on equal terms. In this article, we argue that dialogue is
Marie-Élisabeth Baudoin
semanticscholar   +1 more source

Aspirational and representative constitutional identity in Africa

Global Constitutionalism, 2022
This article addresses the problématique of giving voice to homegrown traditions of constitutionalism in individual African countries. The scholarly discussion is combined with an applied concern about whether this could instil a wider grassroots embrace
J. Erk
semanticscholar   +1 more source

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
doaj   +1 more source