Constitutional Identity

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Release : 2010-10-25
Genre : Law
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Book Rating : 664/5 ( reviews)

Constitutional Identity - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Constitutional Identity write by Gary J. Jacobsohn. This book was released on 2010-10-25. Constitutional Identity available in PDF, EPUB and Kindle. "Argues that a constitution acquires an identity through experience--from a mix of the political aspirations and commitments that express a nation's past and the desire to transcend that past. It is changeable but resistant to its own destruction and manifests itself in various ways, as Jacobsohn shows in examples as far flung as India, Ireland, Israel, and the United States. Jacobsohn argues that the presence of disharmony--both the tensions within a constitutional order and those that exist between a constitutional document and the society it seeks to regulate--is critical to understnading the theory and dynamics of constitutional identity"--Jacket.

Constitutional Identity in a Europe of Multilevel Constitutionalism

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Release : 2020
Genre : Law
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Book Rating : 438/5 ( reviews)

Constitutional Identity in a Europe of Multilevel Constitutionalism - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Constitutional Identity in a Europe of Multilevel Constitutionalism write by Christian Calliess. This book was released on 2020. Constitutional Identity in a Europe of Multilevel Constitutionalism available in PDF, EPUB and Kindle. Presents a critical outline and comparison of selected EU Member State constitutional identities in the context of EU multilevel constitutionalism.

The Identity of the Constitutional Subject

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Release : 2009-10-16
Genre : Law
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Book Rating : 285/5 ( reviews)

The Identity of the Constitutional Subject - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook The Identity of the Constitutional Subject write by Michel Rosenfeld. This book was released on 2009-10-16. The Identity of the Constitutional Subject available in PDF, EPUB and Kindle. The last fifty years has seen a worldwide trend toward constitutional democracy. But can constitutionalism become truly global? Relying on historical examples of successfully implanted constitutional regimes, ranging from the older experiences in the United States and France to the relatively recent ones in Germany, Spain and South Africa, Michel Rosenfeld sheds light on the range of conditions necessary for the emergence, continuity and adaptability of a viable constitutional identity - citizenship, nationalism, multiculturalism, and human rights being important elements. The Identity of the Constitutional Subject is the first systematic analysis of the concept, drawing on philosophy, psychoanalysis, political theory and law from a comparative perspective to explore the relationship between the ideal of constitutionalism and the need to construct a common constitutional identity that is distinct from national, cultural, ethnic or religious identity. The Identity of the Constitutional Subject will be of interest to students and scholars in law, legal and political philosophy, political science, multicultural studies, international relations and US politics.

Constitutionalism, Identity, Difference, and Legitimacy

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Release : 1994
Genre : History
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Book Rating : 162/5 ( reviews)

Constitutionalism, Identity, Difference, and Legitimacy - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Constitutionalism, Identity, Difference, and Legitimacy write by Michel Rosenfeld. This book was released on 1994. Constitutionalism, Identity, Difference, and Legitimacy available in PDF, EPUB and Kindle. The essays in this collection were first presented at an October 1991 conference on comparative constitutionalism under the auspices of the Jacob Burns Institute for Advanced Legal Studies, and the Cardozo-New School Project on Constitutionalism. Essays are organized in sections on the rebirth of constitutionalism, the legitimation of constitution making, the identity of the constitutional subject, the struggle between identity and difference, and the role of property rights. Annotation copyright by Book News, Inc., Portland, OR

National Constitutional Identity and European Integration

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Release : 2013
Genre : Constitutional law
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Book Rating : 603/5 ( reviews)

National Constitutional Identity and European Integration - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook National Constitutional Identity and European Integration write by Alejandro Saiz Arnaiz (jurist). This book was released on 2013. National Constitutional Identity and European Integration available in PDF, EPUB and Kindle. Over the past few years, 'national constitutional identity' has become the new buzzword in European constitutionalism. Much has been written about the concept involving the Member States' national constitutional identities: it has been welcomed for (finally) accommodating constitutional particularities in EU law, demonized for potentially disintegrating the EU, and wielded as a 'sword' by certain constitutional courts. Scholars, judges, and advocates in general have rendered the concept currently so fashionable and, yet, so ambivalent, that an in-depth analysis is warranted to put some order into the intense debate over constitutional identity. This collection brings together a series of contributions in order to shed some light into the dark corners of constitutional identity. To this end, a threefold approach has been followed: a conceptual or philosophical approach, an approach based on EU law, and an analysis of the case-law of several European courts. First, the book explores what constitutional identity means and who decides on it. Further, the contributions analyze (and at times unveil) the areas that might collide or at least interact with constitutional identity. Among other issues, the book touches upon EU law primacy , Article 53 of the Charter of Fundamental Rights, EU criminal law and the essential functions of the State, and the existence of an EU 'constitutional core' enjoyable and enforceable through EU citizenship. Finally, the book deals with the case-law of European courts on national constitutional identity, including the perspective of various national constitutional courts, such as those of Eastern and Central European Member States, the Court of Justice of the European Union, and the much-less analyzed European Court of Human Rights. (Series: Law and Cosmopolitan Values - Vol. 4)