In Switzerland, law-making provides mechanisms that create a favourable context among political and social actors; mechanisms that also make it possible to include the people. One of them – the popular initiative – allows minority actors to submit their proposal to the vote of the people. Based on the incrementalism model-approach, this paper intends to...
The 2014 Tunisian Constitution: New Constitution, New Constitutional Identity?
In Tunisia, the adoption of the 2014 Constitution was fraught with complications. The role of Islam in the Constitution, with its impact on the scope and recognition of human rights, or the choice of a semi-presidential system were among the key points of contention. Further, Tunisia is no exception to the widespread trend of the...
DEVELOPING CONSTITUTIONAL IDENTITY THROUGH THE INCREMENTAL MODEL
The concept of constitutional identity can be considered from the duelling perspectives of socio-cultural theory or positivism. It can be also considered as a descriptive tool or as for normative purposes. The malleability of the concept has resulted in a diverse range of uses: to protect the constitution against supranational norms, or as a firewall...
Constitutional identity in discussion without changing Constitution? Territorial model in Spain
In Spain, formal processes to reform the 1978 Constitution has been scarcely used, and only to implement European treaties (1992) and to attain economic objectives of the European Union (2011). In such context, invariability and immutability of the constitutional text seems to become a defining characteristic of that constitutional identity. Based on the incrementalism model-approach,...