The term “constitutional identity“ has emerged in jurisprudence and academic debate as a limit of constitutional reform and supranational integration. However, the basis of this concept is rather unclear and must be closely examined from a theoretical and comparative perspective.Therefore, the panel intends to clarify whether constitutions have implicit limits to their reform even if...
Constitutional Identity as a Tool to Analyse Constitutional Change
This paper presents the understanding of the constitutional identity in the jurisprudence of the Polish Constitutional Court, with regard to European integration. The Court defines constitutional identity as a sum of certain legal principles of the Constitution of 1997. It seems more adequate to understand identity as allowing changes, including amendments of the core provisions...
Constitutional identity in the jurisprudence of the Court of Justice and of Constitutional Courts
The European Union aspires to the primacy of its entire normative production over the entire law of the Member States. On the other hand, Member States remain inflexible about the ultimate superiority of their Constitutions over any other right. The constitutional jurisdictions of States even seem to be coalescing in order to impose their respective...
Constitutional Identity: Constitutional Amendments or Judicial Interpretation
Constitutional identity denotes in its internal aspect how the constitution expresses its identity based on historical, political and legal developments that took place in the past. In its external aspect, constitutional identity concerns the way in which the constitution aspires to consolidate its supremacy over international and supranational (EU) law. These facets of constitutional identity...
The Concept of Citizenship as Means of Constitutional identity: Turkish case
Modern societies are characterised by ethnic, religious, linguistic and also ideological pluralism. Constitutional identity is an important tool to bind a society divided by various aspects. The concept of citizenship is a legal status and it refers to identification as a member of society. Hence, citizenship is inherently linked to the constitutional identity. The Turkish...