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Constitutional Identity and States of Exception
Federalism and internal conflictsThis chapter argues that this notion of an ‘idealized or manufactured homogeneity’ present in theories of constitutional identity provides the basis for a comparative conceptual analysis between constitutional identity and states of exception, in ...
Alan Greene
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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, Constitutional Politics, and Constitutional Revolutions
Ran Hirschl, Yaniv Roznaiexaly +2 more sources
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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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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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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The impact of EU identity on constitutional identities •
Hungarian Journal of Legal Studies, 2022AbstractSince the Maastricht Treaty, two questions remain: what is the EU, and is there such as thing as an EU identity? Because of its specific nature, and in view of the political accession criteria, it seems there is an EU political identity. Consequently, the purpose of this article is to evaluate whether this EU political identity has had an ...
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Mind, 1993
In his interesting article "Constitution is not Identity" (1992) Mark Johnston argues that (in a sense soon to be explained) constitution is distinct from identity. In what follows I dispute Johnston's contention. In this section I explain what is at issue and the main positive argument Johnston gives for his position. In ?
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In his interesting article "Constitution is not Identity" (1992) Mark Johnston argues that (in a sense soon to be explained) constitution is distinct from identity. In what follows I dispute Johnston's contention. In this section I explain what is at issue and the main positive argument Johnston gives for his position. In ?
openaire +1 more source