Democratic Identity, institutional inadequacies and the Political
My proposal explores three concrete institucional flaws that are key to unravel the current situation of desoriented democratic identities in contemporary constitutional systems -emphasis placed on Latin American polities-. In this regard, a cross-cutting insight can be borrow from comparative constitutional analysis. It basically provides that substantive and normartive demands of liberalism -particularly within the...
From “Our Constitution“, “Our People“, to “Our Justices“: Constructing A Non-Citizen “People“
Prevailing constitutional theories assume that citizens are the primary subjects of constitutional rights and be guaranteed all the constitutional rights. They disagree only on of which rights the guarantee is extended to non-citizens. This Article reviews the text of the Taiwan Constitution and relevant constitutional theories to refute the assumption that the guarantee of constitutional...
State structure and governance: multi-identity democracies and conflicts resolution in India and Nepal
State structure has always to deal with ethnic realities rooted in specific territories within a single State. Various public law studies have shown that, to face this problem, the preferable level of government is not a centralised but a decentralised one. Today federalism is considered one of the privileged solutions for the administration of power....
The Enigmatic Notion of Constitutional Identity
Constitutional identity is the buzz word of the day in constitutional theory and European politics. Member States invoke it to question the primacy of EU law and sometimes even to justify illiberal constitutional politics. Nevertheless, its meaning remains vague. This paper will shed light on constitutional identity by contrasting it with important conceptions of collective...
Transplanting Identity Language – The Migration of “Constitutional Identity“ in European Constitutional Law
The migration of constitutional ideas is characteristic for the legal integration within the European Union. EU law and domestic law are closely intertwined, enabling permeability between the participating legal orders. This allows for constitutional ideas to migrate between these orders. A prominent examples is the jurisprudence of the domestic constitutional courts establishing limits to the...