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Constitutional Identity

2022
Constitutional identity corresponds to the essential elements of national identity that a people has decided to enshrine in its Constitution, thus giving them legal effect. National identity is what allows a political community to be identified. This State formed by a People and endowed with the attribute of sovereignty is defined by its history, its ...
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Constitutional Identity

Iustinianus Primus Law Review, 2010
Accepting its own constitutional competence over the review of material constitutionality of constitutional amendments, on the grounds of Article 17 paragraph 3 of the Constitution of the Republic of Croatia, on behalf of the Constitutional court, Croatia would make a step toward facing the logic of a constitutional state and its boundaries, as well as
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Constitutional Identity

The Review of Politics, 2006
Abstract This chapter examines the concept of constitutional identity as it applies to the Indian Constitution. It first considers the problem of constitutional identity, with particular emphasis on the preservative function of the constitution.
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Constitutional Identity

2018
The chapter examines the metaethical foundations of the argument from constitutional identity. This argument locates the source of value in a set of deep and self-identifying evaluative commitments that develop in a society in virtue of the fact that it has a constitution.
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Constitutional Identity

Abstract These introductory remarks commence by asking what the term ‘constitutional identity’ means. Does it depend on the text? Does it depend on the form of state, for example, that of a monarchy or federation? Or do the people of a country themselves have a constitutional identity in that their constitution is part of their self ...
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Constitutions, Politics, and Identity

2011
What are Constitutions and, if Constitutions are constitutive, what do they constitute? Each of these questions might give rise to at least two different answers. In a legalistic vein a Constitution might be defined as a document or set of documents that codify the role and process of government by enumerating and limiting the powers of government and ...
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Constitutional Identity in the Netherlands

2019
Dutch constitutional identity is not a fixated entity functioning as a constitutional bulwark to shield the Netherlands from European integration, but is rather characterised by an openness to and embeddedness in international and European law. It includes an emphasis on individual rights and autonomy within a culture of compromise and cooperation ...
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Constitutions, Collective Identity and Constitutional Identity: Where Should We Be Heading?

Sravnitel noe konstitucionnoe obozrenie, 2022
Identity, as it seems, is being searched for all over the place. The changes of the Russian constitution of 2020 excel with an abundance of regulations of elements of the collective identity of the Russian society, elements that as it seems are striving for a renaissance of the traditional Russian/Soviet society.
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Constitution and Identity

Erkenntnis, 2017
A widely held view has it that sometimes there is more than one thing in exactly the same place, as is the case, allegedly, with a clay statue. There is the statue, but there also is a piece of clay—both obviously in the same place yet distinct in virtue of their differing properties, if only modal ones.
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Socialist Constitutional Identity

2020
Abstract This chapter demonstrates that the socialist constitutional identity includes five core elements, namely instrumentalism, vanguardism, “democratic centralism,” statist rights, and statist economy, which are antithetical to liberal constitutionalism.
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