Results 291 to 300 of about 2,080,628 (346)
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The Review of Politics, 2006
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.
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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.
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Comparative Constitutional Studies, 2023
In 2021, two dramatic judgments were handed down in Kenya’s Court of Appeals (CoA) and the Israeli Supreme Court. In Kenya, the CoA upheld a ruling from the High Court that had found the Constitution Amendment Bill of 2020 – aimed to implement the ...
Yaniv Roznai, Duncan M. Okubasu
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In 2021, two dramatic judgments were handed down in Kenya’s Court of Appeals (CoA) and the Israeli Supreme Court. In Kenya, the CoA upheld a ruling from the High Court that had found the Constitution Amendment Bill of 2020 – aimed to implement the ...
Yaniv Roznai, Duncan M. Okubasu
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The Dangers of Constitutional Identity
European Law Journal, 2019This article purports to expose the dangers of the concept of constitutional identity – a doctrine shaped by apex state courts to shield areas of the national legal systems from the influence of European law.
F. Fabbrini, András Sajó
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Unamendability and Constitutional Identity in the Italian Constitutional Experience
European Journal of Law Reform, 2019The article explores the historical roots of the explicit unamendable clause(s) in the Italian Constitution. Following, it explores the scholarly debate over the interpretation of unamendable provisions.
Pietro Faraguna
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2018
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.
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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.
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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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2012
‘Constitutional identity’ is an essentially contested concept as there is no agreement over what it means or refers to. Conceptions of constitutional identity range from focus on the actual features and provisions of a constitution — for example, does it establish a presidential or parliamentary system, a unitary or federal state — to the relation ...
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‘Constitutional identity’ is an essentially contested concept as there is no agreement over what it means or refers to. Conceptions of constitutional identity range from focus on the actual features and provisions of a constitution — for example, does it establish a presidential or parliamentary system, a unitary or federal state — to the relation ...
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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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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, Collective Identity and Constitutional Identity: Where Should We Be Heading?
Sravnitel noe konstitucionnoe obozrenie, 2022Identity, as it seems, is being searched for all over the place. The changes of the Russian constitution of 2020 excel with an abundance of regulations of elements of the collective identity of the Russian society, elements that as it seems are striving for a renaissance of the traditional Russian/Soviet society.
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