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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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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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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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From Constitutional Identity to the Identity of the Constitution
Communist and Post-Communist Studies, 2021In 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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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 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 in the Netherlands
2019Dutch 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, Politics, and Identity
2011What 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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Noûs, 1971
How are we to analyze assertions of the form, a is made up of b and c, or of the form, a is made up of b, c, and d, or of the form, a is made up of b, c, d, and e, or ... etc. etc.? There are several possibilities. H-ere is one: constitutivity is treated as variably polyadic.
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How are we to analyze assertions of the form, a is made up of b and c, or of the form, a is made up of b, c, and d, or of the form, a is made up of b, c, d, and e, or ... etc. etc.? There are several possibilities. H-ere is one: constitutivity is treated as variably polyadic.
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Mind, 1992
Suppose that a statue of Goliath is made by fusing together two appropriately shaped pieces of clay and that after a few minutes, the artisan, frustrated with his work, dissolves the statue in a solvent which destroys clay and statue alike. Then a natural thing to say is that the careers of the statue and the lump or piece of clay which made it up are ...
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Suppose that a statue of Goliath is made by fusing together two appropriately shaped pieces of clay and that after a few minutes, the artisan, frustrated with his work, dissolves the statue in a solvent which destroys clay and statue alike. Then a natural thing to say is that the careers of the statue and the lump or piece of clay which made it up are ...
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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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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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