This panel is an invitation to start a public law oriented discourse about the legal concept of “constitutional identity“, which conceived here as the “identity of the constitution“. It is seen as a part of the constitution, with which the constituent people/nation can identify with as they created it in the course of constitution-making and...
Constitutional identity and “procedural sameness“
The “procedural sameness“ of the constitutional subject is one of the contents of the identity of the constitution. It is ensured by an inclusive constitution-making process, tiered amendment mechanism and in the Member States of the EU, the entrenched-like decision-making processes in European matters. By exploring theses mechanism in the Global North and Global South,...
Constitutional identity in the European Union
In the supranational legal order of the European Union it is of growing importance to keep intact the member States “constitutional identities“. This is clearly expressed, as a basic principle, by article 4 EU Treaty. The European Union as a community of States needs to respect the identities of its members. The concept of a...
The constitutional conceptualization of non-status and off-reserve indigenous populations in Canada
The Canadian constitutional text speaks to Canada‘s Indigenous populations in different places including in the federal power provisions of the Constitution Act, 1867, in the Canadian Charter of Rights and Freedoms and the Aboriginal Rights section of the Constitution Act, 1982. Each of these is under-inclusive. This paper draws on collaborative research and policy development...
The nation, delegation and constitutional change in Poland
The democratic constitution should be the embodiment of the sovereignty of the nation. In such a constitution the nation autonomously establishes the tenets and rules of its functioning. The concept of the nation forming the basis of the constitution affects its shape and determines its interpretation. Having analysed the canonical works considering philosophy and theory...