Results 21 to 30 of about 2,148,259 (286)

Constructing the Constitutional Self:Meaning, Value, and Abuse of Constitutional Identity [PDF]

open access: yes, 2020
The concept of constitutional identity has been criticized for being tooindeterminate and prone to abuse by authoritarian governments. It has been suggested that constitutional identity should be eliminated from European constitutional discourse.
Tripkovic, Bosko
core   +4 more sources

The problem of protection of national constitutional identity in integration processes

open access: yesBratislava Law Review, 2019
The problem of protecting the constitutional identity, in contents of modern constitutional developments, becomes a top discussed topic by lawyers. We share the opinion of scholars that the constitutional identity is the manifestation of the national and
Alina Pkhrikyan
doaj   +1 more source

The Functions of Constitutional Identity Performed in the Context of Constitutionalization of the EU Order and Europeanization of the Legal Orders of EU Member States

open access: yesPerspectives on Federalism, 2017
This article provides an analysis of the functions performed by constitutional identity in constitutional discourses of both the EU and its Member States, in the context of emerging post-Westphalian and supranational constitutionalism. The analysis tries
Belov Martin
doaj   +1 more source

The impact of digital transformation on the constitutional and legal foundations of the Russian Federation

open access: yesПравоприменение, 2023
The subject. The impact of digital transformation on the foundations of the constitutional system, namely the possibility of its influence on their form, content and implementation system, has been studied in this article.
A. N. Kostyukov, T. S. Cherepanova
doaj   +1 more source

China’s socialist constitutional identity

open access: yes, 2023
This 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 ...
Ngoc Son Bui
core   +1 more source

The Doctrine of Supra-Constitutionality and Lithuanian Constitutional Identity

open access: yesLaw: Journal of the University of Latvia, 2022
The aim of this article is to analyse the doctrine of supra-constitutionality, as developed by the Constitutional Court of the Republic of Lithuania, and its impact on the concept of the Lithuanian constitutional identity.
Dainius Žalimas
doaj   +1 more source

Brazil in comparative perspective: the legacy of the founding, and the future of constitutional development

open access: yesRevista de Investigações Constitucionais, 2019
This paper analyzes the Brazilian constitutional founding in a comparative perspective, endeavoring to understand how the founding’s identity influenced constitutional development through the three decades since the constitutional document was enacted ...
Ana Beatriz Vanzoff Robalinho Cavalcanti
doaj   +1 more source

Constitutional Loyalty and the Transformative Construction of Constitutional Identity: Dialogue or Democratic Crisis?

open access: yesİstanbul Hukuk Mecmuası
Constitutional identity has become a central concept in contemporary constitutional theory, particularly in debates concerning the limits of constitutional change and the authority of constitutional courts.
Aslıhan Kaplan Arık
doaj   +1 more source

Constitutional identity vs fundamental rights: a false tension?

open access: yesEuropean Law Open
The concept of constitutional identity has recently been invoked to impose limits on fundamental rights. In this article, I explore the relation between constitutional identity and fundamental rights and argue that constitutional identity – when properly
Bosko Tripkovic
doaj   +1 more source

Overview of Judgments of the Constitutional Court of Georgia [PDF]

open access: yes, 2022
"Journal of the Constitutional Law" continues to offer readers an overview of the latest practice of the Constitutional Court of Georgia. Three important judgments of the Constitutional Court were selected for publication in the current edition.
Constitutional Court of Georgia
core   +1 more source

Home - About - Disclaimer - Privacy