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The Hungarian Constitutional Court and Constitutional Identity [PDF]
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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Judicialization of Constitutional Identity [PDF]
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.
KRZYŻANOWSKA NOWICKA, Katarzyna Karolina
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The Abuse of Constitutional Identity in the European Union
The idea of constitutional identity has been central to the negotiation of authority between EU and national constitutional orders. Many national constitutional courts have declared that the reach of EU law is limited by certain core elements of the ...
Scholtes, Julian
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Political and legal mechanisms for the formation of Russian constitutional identity in the conditions of information society [PDF]
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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Nostalgic Constitutional Identity [PDF]
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 ...
Michał Stambulski
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Contested Issues in the Relation between EU Law and National Constitutions
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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Inventing Constitutional Identity in Hungary [PDF]
Constitutional traditions can play an important role in the identity of states. A modern version of social integration can be based on constitutional identity.
Chronowski, Nóra +2 more
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CONSTITUTIONAL IDENTITY IN THE ARGUMENTATION OF DECISIONS OF CONSTITUTIONAL COURTS
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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How do constitutions constitute constitutional identity? [PDF]
In the name of the Most Holy Trinity, from Whom is all authority and to Whom, as our final end, all actions both of men and States must be referred, We, the people of Ireland, humbly acknowledging all our obligations to our Divine Lord, Jesus Christ, Who sustained our fathers through centuries of trial, Gratefully remembering their heroic and ...
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The constitution of the Russian Federation and constitutional identity in the context of global changes [PDF]
Today we are witnesses and participants in a historic event that is very important for Russia – preparation and adoption of amendments to the Constitution of the Russian Federation, reflecting both a legal identity and a vast long-term experience of the ...
Kirichek Evgeniy Vladimirovich +2 more
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