Continuity in Constitutional Law in the Context of Constitutional Identity

2021 ◽  
Vol 25 (2) ◽  
pp. 1-1
Author(s):  
Tat'yana Ryahovskaya
Keyword(s):  
Constitutional Law ◽  
Constitutional Identity

scholarly journals The dialectic relation between the national and the European constitutional identity in the framework of European Constitutional Law

2017 ◽  
Vol 3 (1) ◽  
pp. 10-24
Author(s):  
Francisco Balaguer Callejón
Keyword(s):  
European Union ◽  
Legal System ◽  
Constitutional Law ◽  
Legal Order ◽  
The European Union ◽  
Constitutional Identity

This article intends to reflect on the concept of constitutional identities of states in the frame of the dialectic relationship between the legal order of the European Union and the national legal orders. Both the conflictual dimension of the constitutional identity and the relations of confluence that that can maximize are explored. It concludes with an open and flexible understanding of the concept of constitutional identity which can benefit the evolution of the national constitutional law in an Europeist sense and the progressive transformation of the European legal system in aconstitutional sense.

scholarly journals Constitutional Identity in the Age of Global Migration

2017 ◽  
Vol 18 (7) ◽  
pp. 1587-1594 ◽  
Author(s):  
Jürgen Bast ◽  
Liav Orgad
Keyword(s):  
Constitutional Law ◽  
World Politics ◽  
Refugee Crisis ◽  
Global Migration ◽  
Historical Significance ◽  
Liberal Tradition ◽  
Nation States ◽  
The Us ◽  
Border Controls ◽  
Constitutional Identity

Global migration yields political shifts of historical significance, profoundly shaking up world politics as manifested by the European refugee crisis, the Brexit referendum, and throughout the US election. The refugee crisis—which, from a human rights perspective, is first and foremost a crisis of protection—has enhanced the already-existing discussion on justifiable and unjustifiable attempts by nation-states to safeguard their constitutional “essentials” by reinforcing border controls and using selective immigration and citizenship policies. How can liberal states, or a supranational Union formed by such states, welcome immigrants and treat refugees as future denizens without fundamentally changing their constitutional identity, forsaking their liberal tradition, or slipping into populist nationalism? This question is one of the greatest contemporary challenges in constitutional law and theory nowadays.

scholarly journals Changing constitutional identity: Constitutional reform and new concept of human rights in Georgia

2019 ◽  
Vol 3 (1) ◽  
pp. 112-121
Author(s):  
Dimitry Gegenava
Keyword(s):  
Human Rights ◽  
Constitutional Law ◽  
Constitutional Reform ◽  
Constitutional Court ◽  
International Context ◽  
Basic Law ◽  
Constitutional Identity

Constitutional reform of 2017 – 2018 amended the whole text of Georgian basic law, including the 2nd chapter – Basic Human Rights. Many articles and human rights were displaced to other chapters as general principles, some new and postmodern rights were added to the text. These changes are not only ordinary amendments; they make constitutional court and other state organs to realize their duties, and individuals to find new ways of protection of their rights. New constitutional regulation raises new forms and meanings, but this novation includes risks and perils, that should be discussed and analysed not only in the light of national constitutional law, but also in comparative and international context. This article describes main directions of amendments in the chapter on human rights and analyses perspectives, positive and negative aspects of them.

scholarly journals Modern Constitutional Law: Russian and Foreign Studies

2020 ◽  
Author(s):  
Keyword(s):  
Constitutional Law ◽  
Digital Technologies ◽  
Social State ◽  
Foreign Countries ◽  
The Social ◽  
The Russian Federation ◽  
International Constitutionalism ◽  
New Generation ◽  
The Impact ◽  
Constitutional Identity

The collection contains articles, reviews and abstracts that reveal trends in the development of constitutional law and international constitutionalism, constitutional problems of the social state, the constitutional identity and territorial configuration of power in Russia, the values and shortcomings of the Constitution of the Russian Federation in 1993, and the features of constitutional reforms in foreign countries. The issues of the formation the human rights of the new generation and the impact of digital technologies and artificial intelligence on the development of democracy are shown. For researchers, teachers, postgraduates and students.

scholarly journals Constitutional Identity as a Constructed Reality and a Restless Soul

2017 ◽  
Vol 18 (7) ◽  
pp. 1595-1616 ◽  
Author(s):  
Monika Polzin
Keyword(s):  
Constitutional Law ◽  
Self Identity ◽  
National Courts ◽  
Constitutional Identity

The notion of constitutional identity is a recent and enigmatic notion in constitutional law and theory. This Article demonstrates that constitutional identity—understood as a certain constitution-related self-identity of a nation or people—can be constructed from the text of a constitution, its interpretation and its application. However, constitutional identity is nothing more and nothing less than a constructed reality that can be regarded as a constitutional state's restless soul. It exists only as a constructed, simplified, imagined reality that will most likely also be contested and subject to change. Constitutional identity and the reliance on it in particular by national courts should therefore not be regarded as something sacred and absolute that can be compared to an imagined stable heart. Instead, constitutional identity should be treated with caution.

scholarly journals Latvijas Republikas Satversmes 4. panta pirmā teikuma “Valsts valoda Latvijas Republikā ir latviešu valoda” zinātnisko komentāru papildinājums

2021 ◽  
Vol 3 (21) ◽  
pp. 16-52
Author(s):  
Ringolds Balodis
Keyword(s):  
Constitutional Law ◽  
Essential Element ◽  
Official Language ◽  
National Minorities ◽  
Soviet Occupation ◽  
The Republic ◽  
Constitutional System ◽  
The Given ◽  
Second Period ◽  
Constitutional Identity

The Latvian language is an essential element of constitutional identity of the Republic of Latvia, without which the Latvian constitutional system and the system of Constitution cannot be imagined, as such. Since 2021, the Official Language Day on 15 October has been celebrated. According to the President of Latvia Egils Levits the Official Language Day may serve as another opportunity to spread awareness and promote the use of the Latvian language as one of the main constitutional values of our state and nation. The Official Language Day is a meaningful contribution to the future tradition of celebrating the official language across society. The current study focuses on the issue of the official language in Latvia and its importance from the perspective of constitutional law. The experience of the Republic of Latvia is divided into two periods. The first – covers the period 1918–1940, when it was interrupted by the Soviet occupation. Consequently, after the restoration of independence in 1990, the second period can be defined: 1990–currently. If during the pre-war period the Latvian language was only enshrined in law, during the second period the official language has been enshrined in the Constitution (Satversme). The official language of the Latvian Constitution is specified in Section 4. The given article is designed to supplement the scientific comments of Section 4, which was issued in 2014. Keywords: Constitution (Satversme), Latvian language, official language, language policy, national minorities.

Constitutional Principles

2020 ◽  
pp. 78-104
Author(s):  
Se-shauna Wheatle
Keyword(s):  
Constitutional Law ◽  
Law And Society ◽  
Constitutional Interpretation ◽  
Fourth Section ◽  
The Third ◽  
Foreign Law ◽  
The Relationship ◽  
Constitutional Identity

This chapter situates constitutional principles within the construction of Caribbean constitutional identity and interrogates their role in shaping the relationship between Caribbean constitutionalism and constitutional law in related jurisdictions. The second section of the chapter outlines initial efforts at developing a Caribbean constitutional identity through constitutional drafting as well as judicial discovery and use of constitutional principles in early constitutional interpretation in the region. The third section analyses the friction between recourse to unwritten norms and a new constitutional direction built on codified constitutions, by examining the extent to which constitutional principles function as vessels for incorporation of foreign law. The fourth section charts a path forward, advocating a ‘creolized’ Caribbean constitutionalism that blends the varying local and global influences on Caribbean law and society.

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