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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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Socialist Constitutional Identity
Constitutional Change in the Contemporary Socialist World, 2020Abstract 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.
N. Bui
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China’s socialist constitutional identity
Comparative Constitutional Studies, 2023This article explores the dynamics of China’s socialist constitutional identity. It identifies three disharmonic conditions aminating the dynamics: the competing socialist, liberal, universal, and Confucian commitments internal to China’s Constitution ...
N. Bui
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How to think about the reach of constitutional identity
Comparative Constitutional Studies, 2023Should the concept of constitutional identity be applied sparingly and only in instances where the norms of constitutionalism can plausibly be said to have been met? This article defends a capacious understanding of constitutional identity that can prove
G. Jacobsohn
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A precious heritage?: The construction of constitutional identity by Indian courts
Comparative Constitutional Studies, 2023The Supreme Court of India has invoked ‘constitutional identity’ as a doctrinal device for adjudicating some of the most fundamental legal and political conflicts in independent India. Most famously, in Kesavananda Bharati v.
Aparna Chandra
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European Public Law, 2021
Article 4(2) Treaty of the European Union (TEU) has not played any autonomous role up to now. Cases involving that provision have not been handled differently by the Court than cases involving derogations to free movement.
François-Xavier Millet
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Article 4(2) Treaty of the European Union (TEU) has not played any autonomous role up to now. Cases involving that provision have not been handled differently by the Court than cases involving derogations to free movement.
François-Xavier Millet
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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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Common market law review, 2020
In the last decade, constitutional identity review mechanisms have emerged in several Member States. The proliferation of these mechanisms increases the risk of jurisdictional conflicts and is a permanent threat to the primacy of EU law.
L. Spieker
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In the last decade, constitutional identity review mechanisms have emerged in several Member States. The proliferation of these mechanisms increases the risk of jurisdictional conflicts and is a permanent threat to the primacy of EU law.
L. Spieker
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European Constitutional Identity as the Unamendable Core of the EU Treaties
European Constitutional Law ReviewEuropean constitutional identity as an implicit limit to amending EU treaties – General trend towards acknowledging implicit constraints to constitutional amendments as well as empowering supreme courts and constitutional courts to monitor ...
Pablo Cruz Mantilla de los Ríos
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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
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