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The Constitutional Identity of the EU as a Counterbalance for Unconstitutional Constitutional Identities of the Member States

SSRN Electronic Journal, 2022
This chapter examines the concept of constitutional identity of the EU from the perspective of public law. As the term appears in the TEU and, in the last 15 years, has been used by different apex courts, it draws on the trend of using constitutional identity as a legal argument against EU obligations or creating constitutional law arguments for this ...
Tímea Drinóczi, Pietro Faraguna
openaire   +3 more sources

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
Jacobsohn, Gary Jeffrey,
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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.
Gary Jeffrey Jacobsohn
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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.
Bosko Tripkovic
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Constitutional Identity in Belgium

2019
Abstract: This chapter on Belgian constitutional identity consists of two parts. A first part explores the views of Belgium’s supreme judicial institutions on the relation between the Belgian Constitution – in particular its ‘identity’ – and EU law. It is shown that the courts’ views diverge.
exaly   +3 more sources

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 ...
exaly   +4 more sources

From Constitutional Identity to the Identity of the Constitution

Communist and Post-Communist Studies, 2021
In recent years, leading members of Russia’s Constitutional Court have adapted the concept of constitutional identity to the Russian legal context, to explain and legitimize the country’s authoritarian turn under President Vladimir Putin. This development reflects a broader trend in international politics, where populist and anti-democratic leaders ...
Anna Zotééva, Martin Kragh
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Constitutional Identity and Constitutional Revolution

Ran Hirschl, Yaniv Roznai
exaly   +2 more sources

Constitutional Identity Introduced

, 2019
The constitutional identity of the Member States is a topic of increasing importance in understanding the interaction between the EU and its Member States.
Calliess, Christian, van der Schyff, Gerhard   +1 more
openaire   +2 more sources