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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 ...
exaly +4 more sources
exaly +4 more sources
Constitutional Identity in Belgium
2019Abstract: 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.
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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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Constitutional Identity and Constitutional Revolution
Ran Hirschl, Yaniv Roznaiexaly +2 more sources
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
Mark A Graber +2 moreexaly +2 more sources
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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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
openaire +3 more sources
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
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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
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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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